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1. How will
my lawyer handle my case?
After initial meetings with you, your lawyer will investigate
your claim. This usually requires a review of some or all of the
following:
a. Witness statements.
b. Police reports.
c. A possible visit to the scene of the incident.
d. A review of appropriate statutory law (laws enacted by your
legislature).
e. A review of appropriate case law (laws made by judges who interpret
statutory law).
f. A review of all medical reports.
g. A review of all medical bills.
h. The possible hiring of an investigator to investigate the details
of the incident.
Your lawyer will also contact the insurance
company for the person, persons or company who caused your injuries.
After the initial investigation and contact with the insurance
company, your lawyer will maintain contact with you to make sure
of the following:
a. That you are following the advice of your physicians and other
medical practitioners.
b. That you are doing your best to improve from your injury.
c. That you are providing your lawyer with copies of all medical
bills and other expenses related to the incident.
d. That you are providing records of loss of income from your
job.
e. That you are keeping track of potential witnesses in your case.
Medical records will be obtained through
the use of authorization forms as discussed below. Your lawyer
will review those medical reports as they come in from your doctor
and will keep abreast of the applicable law relating to your case.
2. How can
I help my lawyer with my case?
The most important thing for you to do is to provide documentation
of your medical bills, expenses and loss of income from your employment.
The following is a list of things that will also help your lawyer
with your claim.
a. Return all phone calls promptly to your lawyer.
b. Read all correspondence from your lawyer.
c. Keep all appointments with medical facilities.
d. Maintain a file and record of medical bills, lost wages and
other expenses associated with the injury.
e. Keep a list of witnesses who may testify about your injuries
or about the incident.
f. Take photographs as instructed by your attorney and maintain
copies and negatives of such pictures.
g. Notify your attorney immediately of any change of address,
telephone numbers, marital status, change of employment or drastic
change in your physical condition.
h. Answer all questions posed by your attorney truthfully and
candidly.
i. Sign all forms requested by your attorney.
3. Why do I
have to sign so many forms?
Doctors, hospitals, employers, and other establishments will not
release personal information about you without signed written
authorizations. It is against the law, in most instances, to release
information about a person, to anyone, including your lawyer,
without formal documentation. Therefore, your lawyer will ask
you to sign such authorization forms which will allow him or her
to retrieve important information about you.
4. How will
my lawyer be paid and what is a contingent fee agreement?
In almost all personal injury cases, your attorney will be paid
by keeping a percentage or portion of the final settlement or
court award resulting from your injury. The percentage will be
discussed with you and will be the subject of what is called a
contingent fee agreement. The law requires, for your protection
and that of your lawyer, a written contract which specifies the
fee he or she will charge so there will be no misunderstanding
about how much your case will cost. Most contingent fee agreements
provide that you do not have to pay your lawyer for his or her
services unless, and until, the case is settled or is resolved
by a court verdict in your favor. The agreement will provide that
your lawyer will work diligently on your case in exchange for
the percentage or portion outlined in the agreement. As discussed
below, however, you will be responsible for actual out-of-pocket
costs, in addition to the attorneys' fees, even if the case is
not settled or won.
5. What other
costs will there be in addition to the attorneys' fees?
The fee for your attorney is based upon his or her work, time,
effort and expertise. The lawyer's fee also encompasses certain
office overhead such as secretarial time, rent, files, and other
built-in costs. However, there are also additional out-of-pocket
expenses which are incurred specifically as a result of your case.
Some of these expenses include the following:
a. Fees that doctors and hospitals charge for medical reports.
Such reports may cost anywhere from a few dollars for simple copies
to $100 or more for reports that have to be written or prepared
specifically by your doctor.
b. Photocopy charges. Insurance companies require significant
numbers of copies of medical bills, medical reports, police reports,
witness statements and lost income information. Your law firm
has to pay for these photocopies and you will usually be charged
a certain amount for each page of copy.
c. Long distance telephone calls. If long distance telephone calls
are required, you will probably have to reimburse your attorney
for the actual cost of each call.
d. Cost of photographs. Photographs are extremely important in
a personal injury case and if your attorney incurs expense in
having photos obtained or enlarged, you will be responsible for
such costs.
e. Reports of experts. Reports from experts other than physicians
may be required in your case and if so you will have to pay the
costs that such experts charge for their reports.
f. Litigation costs. If your case has to proceed to suit or litigation,
there will be costs incurred as a result of the filing of such
a lawsuit.
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