PERSONAL INJURY
If you've been injured due to another's negligence, recklessness, or intentional misconduct, you may have grounds for a personal injury claim. From investigation and settlement negotiations to litigation and, if needed, trial, we fight to recover compensation for your medical bills, lost wages, emotional trauma, and more.
Our experienced team brings a unique advantage: years spent defending insurance companies, which we now use to your benefit. We know how the other side thinks—and how to beat them.
We'll meet with you to assess your case and its value, and can connect clients without health insurance physicians who treat on a lien basis. Whether your injury resulted from a car accident, dog attack, slip and fall, defective product, or medical error, we handle the legal complexity so you don't have to—aggressively, ethically, and at some of the most competitive rates around.
Frequently Asked Questions
How much is my case worth?
This is the ultimate question. Don’t you hate how lawyers can’t just answer a simple question??? Well, 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?
All calls will be returned on the same day barring emergency. Email is actually preferred for most communication. Texts are common, but not our chosen option as we want to upload emails to your electronic file and texts make that more difficult. For particularly complicated or emotional communications we may ask you to come to our office to meet in person.
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 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” from all aspects of your accident. From the end of treatment, the average case is resolved within three to six months. The deadline to submit your claim is typically two years, though it can be as short as six months under certain circumstances. Check with us 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 an individualized “demand package” to the insurance company to attempt to settle the case. When determining the value of the case for settlement we must consider the cost and risk of trial. Such costs will be advanced by us on your behalf, but we are ethically required to reclaim those costs (without interest) from the your share of the settlement. Settlement also eliminates the risk inherent in a jury trial which is, any lawyer should admit, impossible to predict. We have all won verdicts we thought we would, and lost verdicts we thought we would win. It is always best to eliminate that risk in favor of a good settlement. That said, the Latin phrase si vis pacem, parabellum applies. “If you desire 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.
