Our attorneys answer frequently asked questions on topics such as personal injury cases, motor vehicle accidents, insurance claims and settlements, as well as general legal questions. Browse our extensive list of questions to find the answers you are looking for.
If you’re hurt in a pedestrian accident, the first thing that you should do is seek medical attention to make sure that you’re stabilized. Once any kind of emergency situation is passed, you really need to talk to an experienced pedestrian injury attorney as soon as possible. It’s very important to take a variety of steps right away, to protect your interest. One of them is to locate all potential sources of insurance. A lot of people don’t realize this, but if you’re in a pedestrian accident, you actually need to notify your own car insurance company. Your uninsured motorist coverage may provide coverage for you, in the event the person who hit either has no insurance, or not enough insurance to pay all of your damages.
Something else that’s very important is locating and preserving all available evidence, including taking statements from witnesses, so that we can prove who was at fault for causing your pedestrian accident.
A lot of clients who come to us are concerned about whether they can afford to hire a personal injury attorney. Our clients don’t have any upfront costs or any out-of-pocket expenses whatsoever.
Our fees are calculated on a percentage of the money we ultimately get for you. If we don’t get you any money, you don’t owe us any money.
There’s also going to be out-of-pocket expenses associated with pursuing a case. We’ll have to pay for medical records. We’ll have to pay for filing fees if the case goes to court. There may be travel expenses if we have to fly out of state to depose a witness or something. Those costs are all paid upfront by us. If we get you money, we get that back.
If we don’t get you any money, you do not have to pay us back for that, and so you have no out-of-pocket expenses and no upfront costs.
A frequent question that I get from clients is, will they have to go to court if they file a lawsuit? The answer to that question is no. Most cases settle. Some settle before a lawsuit. Some settle after it. Some even settle after a trial. But the best way to put your case in the best position possible for settlement is to actually be willing to file a lawsuit and go to court.
If the insurance company and their lawyers know that, that your attorney is willing to fight for you, you’re going to get a much better result. We do file a lot of lawsuits at this law firm because we don’t take what their offer is, because a lot of times it’s not fair. In order to get the best possible result, we will file a suit, and sometimes we will have to go to court.
A lot of clients ask me, “What’s involved in a lawsuit?” The lawsuit process can be lengthy. It can take, sometimes, months or years.
What initiates the lawsuit process is the filing of the complaint. That’s where the plaintiff files it in court. Then the defendant has a period of time to file an answer where they either admit or deny the allegations, and they’ll assert certain defenses.
At that point, we’ll engage in what’s called “discovery” where both sides will exchange written questions. They’ll also request documents from each other. They’ll also do depositions where the witnesses and parties will give statements under oath about what happened, while an attorney questions them.
At any point in that process, the case could settle, but it may not settle. If it doesn’t settle, then the case will proceed to a jury trial where both sides will present evidence and ask a jury to return a verdict in their favor.