After suffering a serious injury caused by another person or entity, most people have a number of different questions about what they can do to get the justice they deserve. However, it can be difficult to find the answers to these questions on your own. As such, in order to help those struggling with a serious injury to learn more about their legal rights and options in such a situation, attorney Bill Pelhan at the Law Office of Bill Pelhan has created a resource for the most frequently asked questions and their answers.
- Why do I need an attorney?
- What will it cost to have an attorney represent me?
- Do I have a case?
- Will I have to go to trial?
- How long will it take to resolve my case?
- What is my case worth?
- Who decides how much to settle my case for?
- If my case goes to trial, who decides the ultimate outcome or resolution of my case?
- What do I need to bring to my first meeting?
Whenever you are injured in an accident, the insurance company will assign an adjuster to handle your claim. The job of the adjuster is to settle your claim for as little cost to the insurance company as possible. To the adjuster and insurance company, you are just one more case.
By contrast, most clients have no training on how to negotiate with an adjuster or in how to determine what is a fair settlement for their case.
With an attorney, the playing field is leveled, and you are protected from the stress which often accompanies negotiations and direct dialogue with the adjuster. Additional stress is the last thing you need.
I will handle your case on a contingency fee basis which means that my fee will be a percent of what I recover for you. Additionally, I will advance all costs associated with handling your case so that you do not have this additional burden or worry while you are recovering from your injuries. When I resolve your case, you pay my fee and reimburse me for the costs advanced in handling your case out of any settlement I achieve. If I am unable to recover for you, you do not owe me any fees nor are you obligated to repay any of the costs which I have advanced in handling your claim. Some examples of the costs that we might incur in handling your case include such things as the costs of medical reports, police incident reports, charges of your physicians for their testimony, deposition costs, filing fees, and expert charges.
Each case is different. I will use my years of experience as an attorney to address this question and explain the strengths and weaknesses of your case. I will thoroughly research any legal questions relevant to your case and explain those issues to you so that you can understand the legal issues. Similarly, I will also investigate the facts of your case, and hire experts, when necessary, in order to determine whether we can prevail and recover for you.
Statistically, the majority of cases will settle before going to trial. Indeed, many cases settle without a lawsuit ever being filed. There are many practical reasons for this, including the expense that the insurance company will incur in litigation. Whether or not a particular case goes to suit and/or trial depends on the facts of that particular case. While it is very possible that your case will settle without the need for trial, I handle and prepare each of my cases as though it may go to trial to make sure I am ready to present the best case possible for you, should litigation be necessary in your case.
Each case is different and therefore it is hard to make generalizations. How long your case may take to be resolved depends upon how long it will take for you to recover from your injuries, and whether or not your case can be settled without litigation or trial. Generally, cases that can be resolved through settlement rather than through litigation are concluded sooner. Unfortunately, the rules which govern litigation have built in delays and some Defendants may even try to use the rules to delay getting your case to trial. And, there is a backlog of cases waiting to be tried.
Again, each case is unique just as you are a unique person. No two people respond to the “same” injury in exactly the same way. I will use my years of experience with personal injury cases and numerous resources to help evaluate your case and guide you in terms of what a fair settlement is for your case. When appropriate, I will consult with experts who will provide us with information to help in making this determination.
You do. Although I will provide you with guidance based upon my training and experience, you make the decision. Before I begin any settlement negotiations with the Defendant’s insurance company, I will sit down with you and thoroughly explain the strengths and weaknesses of your case, the negotiation process, and what I believe would be a fair settlement for your case. At that time I will answer any questions that you might have regarding the negotiation/settlement process. Furthermore, I will keep you posted as to each and every step of the negotiation so that you will always know where negotiations stand. And no offer will be accepted without your prior approval.
You have the right to decide when a suit is filed whether or not you prefer to have your case decided by a judge or a jury. In certain situations I have found that it is preferable to have cases decided by a jury. In a trial by jury, the jury has the ultimate responsibility for determining how much money you will receive if you prevail. The judge will oversee the trial and provide the jury with guidance and an explanation as to the applicable law.
The information provided is generalized, it should not be relied upon as a legal opinion. There are always exceptions, special situations, etc. For a free consultation about your situation, contact me at 717.392.6362.
The following is a list of documents, etc. which you should try to bring to your first meeting with your attorney. You should bring as much of the information as you are able to collect to that initial meeting:
1. Police crash report/ police information exchange form.
2. Declaration page(s) for your automobile insurance policy in effect as of the date of the collision. (The declaration page is that part of the policy which lists the vehicles covered and amount of coverages). And if possible the actual policy booklet. (If you have more than one policy, bring this information for all policies.)
3. Any photographs you have of the vehicles involved, of your injuries, or of the scene where the collision occurred.
4. Any correspondence, forms, or other documents received from your insurance company or the other parties’ insurance company.
5. Any medical records, documents or bills related to any medical treatment you received for your injuries.
6. Names, addresses and telephone numbers of the physicians who have treated you for your injuries and for your family physician.
7. Any names, addresses or phone numbers you have for witnesses to this incident.
8. Any other information or documents that you believe would be helpful to your attorney.
The more information you are able to bring to your first meeting, the sooner your attorney will be able to thoroughly investigate your case. A prompt investigation can be the key to preserving important evidence concerning your case.
Similar documents will be helpful to your attorney in a work place accident, slip and fall accident, or an accident involving unsafe products.
Remember be careful not to talk to a representative of any insurance company or to sign or complete any forms without first consulting with your attorney.
If your question or concern is not listed here, do not hesitate to contact the Law Office of Bill Pelhan today by calling 717-392-6362.
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