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Common Questions
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How Much Will it Cost?
Our firm handles cases on a contingency fee. The fee for attorneys'
time, effort and energy is paid only when we are successful
and collect money for you. In the United States, this form
of representation is possible because the law recognizes that
persons who suffer injury are often without the ability to
pay for the additional cost of a lawyer, especially when faced
with medical expenses and lost income. Insurance companies
would like contingency fees to come to an end and often lobby
state legislatures and the federal congress to change the
law so people will be prevented from bringing claims because
they cannot afford to bring them.
What if I Have an Attorney Already?
As with any professional, you always possess the right to
change attorneys. When you change an attorney, however, you
will owe the attorney who previously represented you a reasonable
payment for the work already done. This payment is usually
made by a new attorney from the contingency fee when the case
is completed. Some attorneys, however, require immediate payment
of any costs they advanced if you go to a different attorney.
This is allowed under the law. If you are unhappy with your
current attorney it is a very good idea to fully discuss with
any potential new attorney the work already completed and
discuss what will be done with regard to any fees claimed
by your prior attorney.
What Personal Injury Claims Do You Handle?
Our firm handles a variety of Personal Injury claims. Some
injury claims are highly specialized. Most people are unfamiliar
with the firms that handle these highly specialized claims.
Our firm has over twenty years of handling injury claims,
and we are very familiar with attorneys who do an excellent
job in specialized areas. We can provide references if the
claim is one requiring a specialized firm.
What Damages Can Be Collected?
"Damages" refer to the various costs, expenses and
losses which arise from a claim. The most common damages are
for payment of:
1) medical expenses,
2) lost income, and
3) the inconvenience, pain and hassles caused by the accident
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this is usually referred to as "pain and suffering".
There are also a variety of other expenses which are often
overlooked. These include the cost of going to and from the
doctor, the cost of hiring someone to do the work around the
house you were unable to complete due to the injury, and loss
of employment benefits from a long period of incapacity.
Will I Be Charged for a Consultation?
Our firm does not charge for an initial consultation. We are
pleased to review cases without cost. If we find that, in
our opinion, it is a case which will not produce a good result,
we fully explain why. If we go forward with the case, we do
so on a contingency fee basis.
Why Do I Need a Lawyer?
In the early 1980's the insurance companies tried to get evidence
that lawyers cost too much money. They commissioned a study
by The Rand Corporation, an independent think tank located
in southern California. Instead of agreeing with the insurance
companies, The Rand Corporation found that persons with injury
claims who were represented by a knowledgeable lawyer received
–– after costs, attorneys fees and expenses - approximately
20% more than people who went without representation. Insurance
companies exist to make money. Lawyers take an oath to uphold
the Constitution of the United States and the Constitution
in the State in which they practice. They possess an ethical
obligation to zealously represent clients. Lawyers have an
obligation to put your interests first, even ahead of their
own. Insurance companies look after themselves and work to
maximize their profits.
How Do I Select an Attorney?
There are lots of attorneys who handle some personal injury
cases. If you have an injury claim, it is always best to be
represented by a law firm which concentrates on representing
injury victim. Many lawyers can do a decent job, but when
a lawyer attempts to handle all kinds of cases, as contrasted
to concentrating on specific cases, it is practically impossible
for the person to be as informed and effective as a law firm
which concentrates on injury cases.
What Will My Lawyer Do For Me?
Once you complete your medical care, a lawyer will gather
the medical records and expenses. Additionally the firm will
obtain information dealing with the nature and extent of your
case. The lawyer should then submit a comprehensive demand
package to the responsible insurance company. There will usually
follow a period of negotiation. Sometimes, due to the period
of time it takes to recover following injury, it is necessary
to file a suit before a demand package can be sent. Other
times, it is impossible to negotiate a successful conclusion
to the case before suing the responsible party. Once the party
is sued, there is a period during which both parties engage
in discovery. It consists of sending various written questions,
taking depositions and engaging in various other techniques
provided for in the law which allow your attorney to find
out what the other party did and what information the other
party gathered. If the case cannot be resolved, it eventually
will go to trial. Prior to going to trial, there frequently
are other procedures designed to facilitate settlement, such
as mediation and arbitration. At all of these stages your
lawyer will be there for you putting your case forward in
the best light possible.
How Long Will it Take?
If the case is going to settle it normally resolves approximately
90 days following your last date of care. Sometimes the amount
of care necessary to resolve an injury takes a long time and
it is necessary to sue the responsible party in order to prevent
the Statute of Limitations from running. If a case cannot
be resolved through settlement negotiations within 90 days
following your last medical treatment, it normally will proceed
to litigation. The litigation process is protracted, often
taking two or more years. At any time during the litigation
process, it may be possible to settle the case. Whenever considering
settlement, it is always necessary to consider the time it
will take to finally resolve the case through litigation as
well as the amount being offered. An experienced injury lawyer
will be able to assist in making this evaluation with you.
In the final analysis the amount of time it takes to settle
your case depends on the nature and extent of your injury
as well as the manner in which the accident took place.
Have all your questions been answered?
If not, what would you like to know - just
ask!
*************Call
us Today: 877-876-4800
Todas las oficinas tienen personas
que hablan español para ayudarle.
David Allen & Associates attorneys
are also available in Stockton,
California and Reno,
Nevada.
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