Common Questions
Consultation Questions
Following are some of the questions that are most often asked during the initial, free consultation. If you have a question that is not answered below, please e-mail me for additional information.
Q. How do I Know if I Need an
Attorney?
A. Most personal injury cases
are better resolved with an attorney at your
side. If you are involved in a case where a
small amount of money is being pursued you may
be able to represent yourself in a small claims
court. Where larger claims are being considered,
however, you should begin with an attorney
consultation. Insurance companies are skeptical
of claimants in personal injury cases, and the
injury and
insurance laws have become more complex. When
you consult with me I will ensure that your case
is fully evaluated, present you with your
options, and thoroughly explain the claims
process to you. Documentation is a critical part
of the process and our offices will fully
document your case and manage the paperwork for
you. I will protect your rights.
Q. How do I Pay for Your Services?
A. If you decide to retain our
services, we will work for you on a contingency
basis. This means that the attorney’s fees will
not be billed to you unless we are successful in
obtaining settlements or recovering compensation
from the case. At Selander O’Brien, PLLC, our
contingency fee is most often one-third of the
recovery although this can vary based on the
complexity and type of claim. The Washington
State Bar Association requires that we advise
you that there may be additional out-of-pocket
expenses, separate from fees, incurred by our
office. These costs are typically advanced by
our offices on your behalf.
Q. How Much Money Will I Recover?
A. Every case is unique, and we
will give you an honest evaluation of your claim
once we have reviewed all the necessary
information and fully assessed your case. The
assessment process requires collecting
documentation and information, as well as
meeting with you personally to understand all
the nuances of your claim. Personal injury
claims entitle you to compensation for medical
expenses, lost wages, lost income earning
potential, pain and suffering, and reduced
quality of life, as well as other potential
compensations. We will work for you to get you
the compensation to which you are entitled.
Q. Will There be a Trial of My Case?
A. More than likely your case
will be settled out of court. Only a small
percentage of lawsuits require a court case in
Washington State. Cases under $35,000 can be
arbitrated in many areas in Washington. The
arbitration process, a legal hearing conducted
in an attorney’s office, is less formal, less
expensive and faster than a trial.
Q. Is a Lawsuit Necessary?
A. While a lawsuit is not
required, you will have a weaker case if you do
not sue the other party. Your claim can be
settled outside of the courtroom, without
starting a lawsuit or suing the negligent person
or company, but you are limited in your
bargaining position. If you bring a lawsuit
against the party responsible for your injuries,
you will have more leverage and clout which can
translate to a higher compensation amount being
recovered.
Q. Who Do I Sue: the Negligent Driver
or the Insurance Company?
A. The only time you sue an
insurance company is when they act in bad faith,
or unfairly, or if you are making a claim
against your personal insurance company for the
benefits for which you have paid. In the state
of Washington you will generally sue the company
or the negligent individual directly that caused
your injury, and not their insurance companies.
Q. How Long Will the Claim Process
Take?
A. I will move as quickly as
possible to resolve your claim and bring an end
to this process. Since the time periods vary
from court to court, there is no set answer as
to how long your claim process will take. There
is a chance that the case will settle without a
trial or hearing, bringing closure sooner than
if we had to take the case to trial.
