Below is a small list of the most commonly asked questions that injury lawyers face almost on a daily basis.
What is my case worth?
This is one of the most common questions asked. The honest answer (early on): We have no idea at all.
The value of each claim depends upon three factors: Nature, extent and duration of the injuries and damages.
Early on, we most often don’t know the nature, extent or duration of the injuries, and we have no idea what the medical bills, wage losses or other out of pocket expenses will amount to.
We hear this question often. Early on, we cannot give a better answer than what is stated herein. (P.S. If any attorney tells you otherwise, don’t walk—run.)
How long will this take?
The value of each claim depends upon three factors: Nature, extent and duration of the injuries and damages.
Early on, we cannot always predict the duration of the injuries or the medical care for the same.
At the time the injuries are healed, or if a lawsuit is required, we can give a much better idea of the time frame for your case.
How do you get paid?
Arizona law does not allow injured victims to add a claim for “legal fees”. As such, the most common form of payment for personal injury lawyers is a “contingency fee”, otherwise known as a percentage of the settlement or recovery.
This fee percentage can differ amongst law firms. Many people seek the lowest fee lawyers, but keep in mind, discount fees mean discount services. Most of these discount fee firms do not provide full service or leave all the work to non-lawyers.
In addition, if the insurance company low-balls your case, they have no intention of filing a claim to get you what you deserve.
Don’t focus on finding the attorney willing to work for the lowest percentage. Instead, find the right attorney for you. Find an experienced injury law firm, and preferably, one with a Certified Specialist in Injury and Death Law.
They might charge a few more percentage points, but the service you will get, and likely the increased settlement you will receive will be more than worth the difference.
Can you add your fees to the settlement?
In Arizona, the answer is “NO” in a personal injury case.
The exception: If a lawsuit is filed, you proceed to an arbitration and win, the other side appeals and you win again, you can state a claim to the court for fees.
In addition, there a few types of cases (nursing home abuse and police misconduct claims in federal court) that might allow fees to be added, but this does not apply to most cases.
The most common form of payment for personal injury lawyers is a “contingency fee”, otherwise known as a percentage of the settlement or recovery.
Why should I use my own insurance (health or auto) if the other driver is at fault?
You pay for insurance benefits to protect you in the event you are injured. Why not use these benefits which you pay for, in conjunction with the amounts to be paid by the insurance company for the at-fault party?
Most people are concerned that if they use their own insurance, their rates will increase. This is almost never the cases, and in fact, there is a law in Arizona that prohibits insurers from raising your rates for an accident that you did not cause.
An experienced law firm will explain all of this to you and help coordinate all available insurance, to maximize the benefits to you.
Look for experience. Look for an attorney who is a Certified Specialist in Injury and Death Law.
