Frequently Asked Questions

Will I be required to pay any up-front legal fees or costs?
Is there a time limit within which I must file my lawsuit?
Will my health insurance coverage or paid sick leave from work limit my compensation for an accident?
How do I know if I have a personal injury case?
Should I bring any documents with me to the consultation?
What can I expect after the first consultation?
What kind of legal fees should I expect in a personal injury case?
What if more than one person has caused my injury?
What will I get if I win my case?
What is "negligence?"

Q. Will I be required to pay any up-front legal fees or costs?
A. No, the initial consultation is free, case related costs will be fronted by the firm, and the legal fee is contingent upon obtaining a successful result on your behalf. In short, you are not required to pay anything until a favorable settlement or verdict is acquired.

Q. Is there a time limit within which I must file my lawsuit?
A. Yes, most personal injury lawsuits must be filed within 2 years of the date of the accident. After 2 years, any potential case could be barred by the Statute of Limitations. However, there are exceptions to this rule. For example, children who are injured are permitted until they reach the age of 20 to file a lawsuit, even if more than 2 years has expired. Also, the law recognizes that some people may not be able to discover that they were wronged because the negligence of the wrongdoer is not immediately apparent, such as a medical instrument left inside a surgical site. In these situations, the injury or its cause may not be discovered until years later. Under such circumstances, the Courts may allow a lawsuit to be filed beyond the 2 year limitation. It is important to consult with your attorney to make certain that your rights are protected.

Q. Will my health insurance coverage or paid sick leave from work limit my compensation for an accident?
A. Whether you paid for medical care out of your own pocket or your health insurance covered it is none of a claims adjuster's business. The same goes for whether your lost time at work was covered by sick leave or vacation pay. In fact, it is improper for an adjuster even to ask about such payments. You paid for your health insurance and earned your sick leave or vacation pay; now the insurance for the person who caused the accident has to pay.
Your own health insurance, however, may require that, out of your settlement, you reimburse it for some or all of the amounts it has paid to treat your injuries.

Q. How do I know if I have a personal injury case?
A. First and foremost you must have suffered an injury to your person or property. Second, was your injury the result of someone else's fault? It is not always necessary to have a physical injury to bring a personal injury lawsuit, however. Suits may be based on a variety of nonphysical losses and harms. In the intentional tort of assault, for example, you do not need to show that a person's action caused you actual physical harm but only that it caused an expectation that some harm would come to you. (Assault is described in more detail later in this chapter.) You also may have an action if someone has attacked your reputation, invaded your privacy or negligently or intentionally inflicted emotional distress upon you.

Q. Should I bring any documents with me to the consultation?
A. Yes, you should supply any documents that might be potentially relevant to your case. Police reports, for example, contain eyewitness accounts and details about conditions surrounding auto accidents, fires, assaults and the like. Copies of medical reports from doctors and hospitals will describe your injuries. Information about the insurer of the person who caused the injury, is extremely helpful, as are any photographs you have of the accident or of your injury. The more information you are able to give your lawyer, the easier it will be for him or her to determine if your claim will be successful. If you haven't collected any documents at the time of your first meeting, don't worry. Your lawyer will be able to obtain them as well.

Q. What can I expect after the first consultation?
A. If a lawyer believes your claim is one you can recover on-and you have signed the retainer-he or she will proceed with gathering information about your claim. In order to arrive at a figure for damages, your lawyer will need to determine the extent of your injuries, including pain and suffering, disability and disfigurement, the cost of medical treatment, and lost wages. Your lawyer then provides your damages figure to the insurer of the person who injured you. If the insurer considers it a valid claim, the case is likely to be resolved early on and won't have to be tried in court.

Q. What kind of legal fees should I expect in a personal injury case?
A. Personal injury lawyers generally charge their clients on a contingent fee basis. That means you pay your lawyer only if you win. Your lawyer is paid a percentage of the total amount recovered. You'll sign what is called a retainer agreement with the lawyer you choose to represent you, clarifying all fees and charges. Remember that even if you lose the case, you are likely to have to pay the expenses of investigating and litigating your case, such as court filing fees and payments to investigators, court reporters, and medical experts, as well as the expenses of securing medical records and reports.

Q. What if more than one person has caused my injury?
A. You must bring an action against every person who causes your injury. The negligence of two drivers, for example, may have produced a collision in which you were injured. According to traditional legal principles, each one could be held 100 percent liable to you. In a more recent legal trend, however, many jurisdictions have abolished such "joint and several" liability and each defendant, known legally as a "joint tortfeasor," becomes responsible for only that portion of the harm he or she caused. This is the rule of comparative negligence, which exists in most states. (See the section titled "Negligence," for more on comparative negligence.)

Q. What will I get if I win my case?
A. If you win, a judge or jury awards you money, known as damages, for your injuries. That amount can include compensation for such expenses as medical bills and lost wages, as well as compensation for future wage losses. It also can compensate you for future lost wages and medical expenses and for physical pain and suffering. In addition, you may receive damages for any physical disfigurement or disability that resulted from your injury. The money is intended to restore your loss, is not considered as income, and is not taxable as income by the federal government or the states. Note that an award of damages does not necessarily translate into hard cash. You may have to take further legal steps to actually collect the money. If a defendant against whom you have won a judgment does not pay it, collection proceedings can be initiated. If the defendant owns property, for example, you may be able to foreclose on it. Another option would be to garnish the defendant's wages. Your personal injury lawyer-or any lawyer you contact-would be able to help you in this regard.

Q. What is "negligence?"
A. The critical issue in many personal injury cases is just how a "reasonable person" was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act like the standard "ordinary reasonable person." The determination of whether a given person has met his/her "ordinary reasonable person" standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.