Q. Do I Need An Attorney?
A. For most cases, definitely yes. Some matters involving small amounts of money can be pursued by yourself or in small claims court. For larger claims, however, you should at least consult with an attorney. Injury and insurance laws have become complex, and insurance companies are increasingly distrustful of injury claims. Not only can I protect your rights, explain the process, evaluate and present your claim, I can also recommend and pursue the proper course of action for you to take. In addition, injury claims must be fully documented, and my offices can handle all of the paperwork for you.
Q. Can I Afford Your Services?
A. Absolutely. Attorney’s fees in personal injury cases are usually called “contingent” which means that the attorney’s fee is contingent upon recovering money for you. In other words, attorney’s fees are only paid if money is collected for you. Typically, my contingency fee is one-third of the amount recovered, although that percentage can vary depending on the type of legal claim and its complexity. Washington State Bar Association rules also require that you be advised that you may be responsible for out of pocket expenses our offices incur (also called client “costs”), and that they are separate from fees. In most instances, these costs are advanced by my offices on your behalf.
Q. How Much Is My Case Worth?
A. Evaluating claims requires collecting a number of pieces of information, as well as having a personal meeting with you, so it is difficult to generalize. In a personal injury claim, you are entitled to compensation for your medical expenses, lost wages, ability to earn an income, pain and suffering and loss of enjoyment of life, to name a few. Each case is different, and yours is no exception. My honest evaluation of your claim would take place after all of the necessary information is collected.
Q. Will My Case Go To Trial?
A. Not necessarily. Only a small percentage of cases go to trial, and most cases settle out of court. In many areas of Washington State, cases valued under $35,000 can also be arbitrated. Arbitration is a legal hearing usually conducted in an attorney’s conference room, rather than a courtroom, and is a less formal, cheaper and quicker process than a trial.
Q. Do I Have to Sue the Negligent Driver or Party?
A. No. Many claims can be settled out of court without even starting a lawsuit or suing the negligent person or company. However, your bargaining position is quite limited and weak. You generally have greater leverage and clout, which can translate into more money, if you enter into a lawsuit against the negligent party.
Q. Do I Sue the Negligent Driver or Their Insurance Company?
A. In Washington State, you must generally sue the negligent individual or company that caused your injury, not their insurance company. There are instances, however, when you directly sue insurance companies such as when they act unfairly (bad faith) or you are making a claim against your own insurance company for benefits you paid for.
Q. How Long Does the Process Take?
A. There is no certain answer. The time periods vary for obtaining a court or a hearing date depending on which court you are in. There is also a good chance that your case will settle before a trial or hearing. What you should know is that I’ll move as quickly as possible to resolve your claim. |
