Clients in personal injury cases are often left in the dark for long periods of time, wondering how their case is going to progress. Here is the rundown of all that you need to know about your case.
If you find an attorney who wants a retainer, find a new one. These cases are almost always taken on a contingency basis. Meaning the attorney gets paid when you do. He/she will take a portion of your settlement.
This is the time before a law suit is filed. The attorney will try to negotiate a settlement with insurance company. If successful, the percentage of the settlement that goes to the attorney is lower.
During the time that you case is in negotiations, you will not be required to pay any medical bills. Your attorney will provide the doctors with a letter of protection which states the doctor will get paid from the settlement if the bill remains out of collections.
You may need to help your attorney with Discovery. This is questions and document requests from the opposing counsel. You will need to answer all interrogatories (questions) honestly. Typically the attorney will be able to get all of the requested documents on their own.
Often times attorneys will use expert witnesses. Typically they will be doctors who will examine you and give their opinion on any permanent damage or accident reconstruction experts. They are also paid out of your settlement.
Unless you have an extremely large case, it is unlikely that you will get to a trial. The majority of these cases settle out of court, but there are exceptions. Even if the case does not go to trial, they can take over a year to settle.
The typical personal injury settlement is not going to make you rich. These are long and time-consuming cases, therefore, don’t expect a settlement overnight. After the attorney gets their cut and all of the medical bills are paid, the amount you will be left with can very greatly. The amount you receive typically depends on the limits of the at fault’s insurance.