PERSONAL INJURY
If you have been injured as the result of another's negligence, recklessness or intentional misconduct, you may have grounds for a personal injury tort claim. Resolving such claims, including a thorough investigation, the gathering and presentation of a demand for settlement to the insurance company or business, the filing of a lawsuit, and, if needed, the aggressive prosecution of a trial, provides you with the opportunity to recover financial compensation for your medical care, lost wages, emotional trauma, and possibly much more (punitive damages, etc.). Our Office’s experienced team will help you determine the best course of action, ethically and aggressively. We have not only prosecuted hundreds of such claims, but we also have years of invaluable experience on the “other side”—working for the insurance companies to defend such cases. After all, “always keep your friends close and your enemies closer.” We will meet with you to determine how you will best be served and how much your claim may be worth. We also can provide access to physicians who can treat on a deferred compensation (“lien”) basis for clients without health insurance–a problem facing more of us in these troubled economic times. Our team will work hard to make you as whole as possible (sadly not always possible when the system really only allows for financial compensation) after experiencing a personal injury, whether it was from an automobile accident, dog attack, slip and fall, unsafe product, medical error or some other event. The last thing you need after an injury is a stressful, complicated process. We are here to take that pressure off of your shoulders and to ensure that your rights are fully realized at some of the lowest rates out there.
Frequently Asked Questions - Personal Injury
How much is my case worth?
This is the ultimate question, after all. Don’t you hate how lawyers can’t just answer a simple question??? Well, here it is simply impossible to make an accurate estimation of the value of your claim because the question usually comes at the very beginning of the case when your treatment and recovery still lies in the future. Simply put, the more severe your injuries/problems, the larger the recovery.
What is your experience with personal injury cases like mine?
Extensive. Personal injury is the area of practice that we have been doing the longest. Tim began his career over thirty years ago doing “insurance defense” work for a large firm where he represented insurance companies defending against personal injury claims. In doing so, he learned the business of “the dark side” from the inside. This has proved to be invaluable in figuring out how to counter their game, and make no mistake, to them, it is a game. It’s your life, and we take that to heart. It’s personal for us. To the insurance companies, you are only a number.
How will you communicate with me about my case?
Whatever you prefer. We obviously are available by phone (including after conventional business hours if it is emergent), but email is a great way for us to simply upload the email to your electronic file and/or print it to the hard file. Texting works as well, though it makes it a bit more difficult to document the file with texts.
Will you advance the costs to prosecute my case?
We will advance whatever costs are needed to successfully prosecute your case. Please know, however, that you are required to repay those costs from your portion of the settlement.
What are the potential outcomes of my case?
Essentially three outcomes: Settlement, trial with a win or trial with a loss.
What is your fee structure?
Like almost all personal injury attorneys, we charge for such cases on a “contingency fee” basis. Meaning, we get paid “in the contingency” that we win and collect money. If we don’t win, we don’t get paid. The good news for clients is there is no up-front cost from the attorney, and no hourly rate fees of $500 per hour or more spent on the case. From the attorney’s perspective however, it means we must be selective on taking cases—we must be very sure we will win, and that when we win, there is a source for the recovery of the funds. This usually means that there must be an insurance company on the hook for the award. The amount of the contingency fee depends on the nature of the case, but it typically ranges from 25% (for Guardian Legal Protection members where the case is acceptable on the merits) to 40% for complicated (such as medical malpractice or product liability) cases. The average case is handled for one third of the recovered award.
How long do you expect my case to take?
That is very much dependent upon how long it takes you to recover from your injuries, as we are loathe to settle or try a personal injury case until you have fully recovered (what we refer to as “Maximum Medical Recovery” or “MMR” for the cool kids) from all aspects of your accident. From the end of treatment, the average case is resolved within three to six months. The statute of limitations is typically two years (though it can be as short as six months from the injury under certain circumstances—check with us or some other lawyer who handles these cases quickly to make sure you are not running out of time to present the claim/case).
What is the process for negotiating a settlement?
When you have reached MMR we gather all medical records, employment records, lost wages documentation, photographs/videos, police reports, etc., and present a personally written, individualized “demand package” to the insurance company to settle the case. When determining the value of the case for settlement we consider the (often) thousands of dollars spent to proceed from that point through to litigation (what a lot of folks refer to as determining whether the “extra juice is worth the extra squeeze”). Such costs will be advanced by us on your behalf, but we are ethically required to reclaim those costs (without interest) from the client’s share of the settlement. Settlement also eliminates the risk inherent with a jury trial which is, any honest lawyer will admit, impossible to predict. We have all won verdicts we thought we would lose, and lost verdicts we thought we would win—always best to eliminate that risk in favor of a good settlement. That said, the Latin phrase si vis pacem, parabellum applies. “If you want peace, prepare for war.” We will always negotiate from a position of strength, with the insurance company very aware that we are prepared to try the case.
What if my case goes to trial?
Costs (expert witness fees, deposition fees, court reporter fees, travel expenses, etc.) will increase dramatically, as will risk—as referenced above. Also, your fee structure will likely require a slightly higher fee for a case that goes to trial.
Wo will be handling my case?
Tim Forshey and Michael Johnstone.
