What should I look for when selecting a lawyer?
You should research the firm before you consider hiring an attorney. For personal injury claims, be sure the lawyer is familiar with the laws and the rules of court for the county or the state where the accident or injury occurred. Also, do check the fee contract in detail with the lawyer to make sure you understand how you will pay the lawyer’s fee and costs at the end of the case.
Will I need to pay any money to get my case started?
We handle most of our tort cases on a conditional fee basis, which means that we do not get paid unless you make a recovery. Our business cases are more typically handled on an hourly fee basis, with a retainer paid up-front and held in a trust account. At the start of your case, we will explain to you the full details of the fee and cost agreement.
What if a person dies before bringing a personal injury lawsuit?
It depends on whether the person died as a result of injuries from the accident or from unrelated causes. If a person injured in an accident subsequently dies because of those injuries, that person’s heirs may recover money through a lawsuit known as a wrongful death action. Also, even if a person with a personal injury claim dies from unrelated causes, the personal injury claim survives in most cases and may be brought by the executor or personal representative of the deceased person’s estate.
What is “negligence?”
The critical issue in many personal injury cases is just how a “reasonable person” was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act like an “ordinary reasonable person” would have acted. The determination of whether a given person has met the “ordinary reasonable person” standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.