Personal injury cases arise out of an injury or death caused by the carelessness, recklessness, or deliberate actions of someone else. Personal Injury cases are always traumatic. Whether the injury is minor, severe or results in death, the victim(s) suffers some level of emotional distress beyond the actual injury. We ensure that you as the victim or family of the victim get proper compensation from the party responsible for the injury.
An excellent article on lawyers fighting the perception of frivolous lawsuits for Personal Injury cases can be found at: http://www.businessnc.com/archives/2006/01/athwart_torts.html
Some typical questions that arise from clients regarding Personal Injury cases are:
What is your typical fee arrangement?
Typically, our firm handles personal injury claims on what is known as a contingent fee basis. This means that the firm’s fee is based upon a percentage of any award, payable at the time you agree to a settlement or a judgment in court in your favor. If there is no award, you don’t owe any legal fees. The fee arrangement will be clearly described in a written fee agreement negotiated between you and us.
How do I know if I have a case?
Generally, a successful legal claim based upon negligence requires wrongful conduct by the other party (such as failing to exercise reasonable care in operating a motor vehicle) and damages. Damages can be monetary (i.e. lost wages), physical (i.e. bodily injury) and/or emotional.
Other types of claims are more subtle. Insurance bad faith claims are based upon unfair treatment by your own insurance company. We can analyze such claims and advise whether you may have a viable claim against the insurance company.
If you believe you might have a case with merit, please contact us via e-mail or telephone. We know the questions to ask to determine if your case merits further investigation. There are no charges for such contacts or face-to-face meetings and no obligation on your part.
Who is responsible for out of pocket expenses if I hire your firm?
During the claim or litigation process, we will generally pay the expenses of pursuing the case. Expenses mean such things as copy charges, postage, obtaining copies of medical records, and the like. If the case is in litigation, expenses are also incurred for depositions, subpoenas, expert witnesses, filing fees, and the like. At the end of the case, you would be responsible reimbursing the firm for such expenses. You will receive a full accounting of all expenses at the end of the case or at any time it is requested.
How soon will I receive a settlement?
This varies greatly from case to case. First of all, not all cases settle, but must be resolved by a trial. Any attorney who promises you a prompt, fair settlement is not being honest. Insurance companies are often not fair and must be forced into a fair settlement though the initiation of litigation. Even then you may be forced to take the case through judgment in an attempt to obtain fair compensation.
That being said, the major factor in when you receive a settlement in a personal injury matter depends upon your recovery from your injuries. If medical treatment is no longer going to improve your condition, or if you reach pre-accident status, that is generally the time for us to analyze the case and determine a fair settlement value. Attempting to settle the case prior to that time may result in a lower settlement than you might ultimately deserve. We provide our conclusions to you, and, if you are in agreement with regard to the amount, we seek to obtain a settlement for the largest amount possible. The decision to accept a settlement offer, or when to pursue settlement, is always yours.
Once a settlement demand is first submitted to an insurance company, the matter is generally either settled within several weeks, or it is clear that the insurance company is not going to pay an amount you wish to accept, and a lawsuit must be filed.
How do I know whether I should accept a settlement or bring a lawsuit?
It is our job to advise you on the pros and cons of settling versus going to trial. These are often difficult decisions, as we are attempting to predict how an unknown group of six people will react to your claim. Our experience can help guide your decision, but the decision is ultimately yours.
What if I don’t have medical insurance to cover the medical bills until I get my settlement?
If you have a personal injury without medical insurance, we can generally find providers that will work on a "lien" basis.
Please contact the Law Office of Jeffrey L. Skovron, P.C if you believe you may require the assistance of an attorney