Despite the impression one gets from movies and television, legal disagreements do not leap immediately from client complaint to the courtroom. In fact, many personal injury claims are settled satisfactorily without ever going to court. Any firm you hire should be prepared to work vigorously to see that you get the justice you deserve — whether that means through settlement or by a verdict following trial. Here are the general steps that we would take in representing you on your claim:
Initial Consultation — Without any obligation, we will first gladly meet and discuss your potential case with you. We trust we will receive open and honest information during this consultation. In return, we will give you an honest evaluation of the strengths and weaknesses of your claim.
Investigation — Our staff will gather information to evaluate and negotiate your claim through a variety of sources: records and computer searches, witness interviews, doctors’ conferences, and communication with the defendant (and/or counsel) and insurance companies. In some cases, we do not have to wait for the completion of medical treatment before initiating settlement discussions or litigation.
Mediation — It may be possible to settle the claim through one or more meetings (guided by a trained and approved “mediator”) with the defendant and his or her insurance company representative.
Arbitration — Occasionally, the best option is for both parties to submit the disagreement to arbitration. A carefully chosen arbitrator will listen to both sides and then make a decision. This resolution can be binding and preempt any further action.
Litigation — This is the course to take when settlement attempts have failed. We file a complaint and begin to prepare for trial. The claim may still be settled at this point. However, if a trial is necessary to protect our clients’ rights, we will not hesitate to take your claim to the courtroom. We have the skill, experience, financial resources, and perseverance to present your case aggressively in court.
We are here for you and are prepared to do whatever it takes to help you win your case.
How do we do this and what does it cost?
After investigating and evaluating your claim, we will advise you on whether or not your potential claim is one that we are willing to pursue on your behalf and whether we believe that you have a valid claim? Our representation is almost always handled on a contingency-fee basis. That is, we accept as our fee a percentage of any financial recovery which you may receive either by settlement or by court judgment.
In connection with our written representation agreement, we agree to advance all reasonable and necessary costs to investigate and pursue your claim. We are paid a fee and our costs reimbursed only if we are successful in making a recovery on your claim. If there is no recovery, you will not owe us anything. There is no fee owed for our investigation or if, after our investigation, we decide that we are unable or unwilling to handle the case.
Our representation agreement is in writing and clearly explains our fee arrangement and representation obligations. Unlike many firms, we do not charge interest on costs – many do, some as much as 18%, which we believe to be unethical and unreasonable.
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