The purpose of this information is to enlighten you about personal injury law and to explain how the different parties involved will handle your case. A thorough understanding of the details of your personal injury case can help promote a fair, adequate settlement.
The most important thing for you to do, quite simply, is to recover from your injury. The law requires injured people to "mitigate their damages."
After initial meetings with you, your lawyer will investigate your claim. This usually requires a review of some or all of the following:
In almost all personal injury cases, your attorney will be paid by keeping a percentage or portion of the final settlement or court award resulting from you injury. The percentage will be discussed with you and will be the subject of what is called a contingent fee agreement. The law requires, for your protection and that of your lawyer, a written contract which specifies the fee he or she will charge so there will be no misunderstanding about how much your case will cost.
It is impossible in the early stages of a personal injury claim to predict when that particular claim will actually settle. Some cases settle in a matter of months after the injury while others can take years to get to settlement or trial.
This question is one of the most frequently asked questions and is also very difficult to answer in the early stages. It is virtually impossible to predict the value of a case until all of the information has been collected and you have recovered or almost recovered from your injury. There are many factors that determine the value of a case and reasons for settling. Some include:
After an agreement has been reached between the insurance company and you through your lawyer, it usually takes between two and six weeks to complete the settlement process. There may be exceptions to his range, but the average time to sign all documents, receive the check, and figure out the exact proceeds for each party usually requires at least a month.
First, the insurance company will require that you, and perhaps your spouse, sign a release. This is a document that settles your claim. In the release you will read language stating that you are forever giving up your right to sue the person, persons or company who was responsible for your injuries. In exchange for giving up your claim, you will receive a certain sum of money when the insurance company receives the release.
Second, your lawyer will have to pay medical bills that have not been paid and may be required to reimburse any insurance company that has expended money for medical bills.
Third, your lawyer will deduct attorney's fees, out-of-pocket expenses, and other possible costs associated with the claim. After all deductions have been made, you will receive the balance in a check processed from your own attorney's office.
Accident and injury lawsuits are often complex, requiring medical evidence, expert testimony, and a detailed knowledge of negligence law. In order to ensure that your case is as well-prepared as possible, it's important to seek out an attorney who is experienced in personal injury law. To get started, give us a call to get a free claim evaluation
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