Good Questions
Q.What is the Personal Injury Claims Process?
A. See the outline below
- The process begins with the client. He or she is usually asked by the insurance company to sign waivers releasing the responsible party from liability. Sign nothing until you speak with a lawyer who knows personal injury.
- If you can, take notes and get names of possible witnesses. Even take photographs. If a police report is filed, be sure you get a copy.
- The next step is to contact an attorney who can assist you. Most personal injury lawyers work on a contingency fee basis, and charge no attorney's fee until the case is over and a settlement or verdict has been obtained. This is how we operate.
- At our law firm, we ask for any evidence you have collected, such as names, addresses, and pictures. We will ask you to sign a release to obtain your medical records and other information that will help build the case. You will be asked about your insurance coverage. If the responsible party's insurance company is not cooperative, we will issue an injunction to get the needed information.
- Our attorney will begin assembling the evidence about your accident and your injuries. Using the opinions of medical and economic specialists and exerts, we will develop an analysis of the cost of your injuries and accident.
- We will construct a care plan that outlines the treatment needed to recover fully. This will involve expenses such as rehabilitation, lost wages, special medical equipment, personal care assistants, and any other cost of your injury.
- The cost of this care plan, and any other expenses related to your accident injury, will be the amount that we request from the insurance company of the responsible party.
- We file a complaint or petition with the court that explains the amount we are asking for, and the basis for that request, including the evidence that has been gathered.
- A summons is issued by the court that identifies the date by which the defendant must respond. The defendant may respond with counter claims, which will need to be dealt with separately.
- Once the case moves forward, both sides conduct "discovery". This involves interviewing witnesses, requesting documents, and answering interrogatories.
- Along the way we deal with pre-trial motions, including motions to dismiss the case.
- If the defendant makes an offer to settle the case, we advise you about the best course of action, and help you respond with a counter-offer if appropriate.
- If the case does not settle, we proceed to trial. We have represented many injured clients at trial in state and federal courts, and enjoy working with juries. We participate in jury selection, make opening statements that describe your case and your claim, examine witnesses, and make closing arguments.
- If the jury rules in your favor, we help you collect the money they award. If they do not find for you, we talk with you about an appeal.
Q. What will the charges be?
A. I take cases on a contingency fee basis involving injury or wrongful death cases .
This means that if there is no recovery, you owe me nothing for
my services. In criminal cases, and family law cases, I am required under law to charge for my time. I accept major credit cards.
Q. How are the expenses of the
case paid?
A. In personal injury or death cases, The Stephens Law Firm will
advance the expenses of the case and we will be paid back by you
when there is a recovery.
Q. Can you take my
case?
A. I look at many cases; however, this is not a
large law firm. Unfortunately, I am not able to help all of the
people who ask for and need my help. I look at each case
individually as it comes in. If I believe that I can be of
service to you, I will take the case. Sometimes, if I am unable
to help you, I know of other lawyers who can help and I will
refer you to them.
Q. How much is my personal injury case worth?
A. The value of each case is different and must
be evaluated separately. I take a great deal of time to come to a
proper evaluation of your case. The Stephens Law Firm has been
evaluating cases and representing people for years. However, you
must know that there is never a guarantee of any recovery.
Q. How long will it take before we go to trial?
A.Usually, civil cases are tried within 1 to 1 1/2 years. In criminal and family law cases, it varies widely.
Q. If there is a trial will I need to be there?
A. Yes, if there is a trial, you must be
present.
Q. What is a deposition?
A. During the course of your case you will most
likely have to give a deposition. A deposition is a statement
that is given under oath before a certified court reporter. When
your deposition is taken we will be there to represent you.
Q. If my case settles, how long will it take before I
receive money?
A. Typically, once a case is settled, documents
must be exchanged between both parties of the lawsuit. This
process usually takes 30 - 45 days, but can take longer if your
case involves special circumstances.
Q. Will you speak with me before settling my
case?
A. Yes, no case is ever settled without your
expressed consent. Whenever settlement negotiations are initiated
by either party you will be informed and it is only with your
full participation, advice, and consent that your case is
settled.
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