WHAT CONSTITUTES ‘NEGLIGENCE’?
Negligence occurs when you have a viable personal injury claim due to an injury that was caused by another individual or entity. This negligence is a result of their failure to exercise a reasonable standard of care for your safety and others. Negligence can occur in auto accidents, defective products, animal attacks, slip/fall accidents, workplace accidents, etc. Chances are they are liable for any resulting damages that have been caused to you.
HOW SOON SHOULD I WAIT TO TALK TO AN ATTORNEY?
You should speak with an attorney immediately after your accident. Typically, as the victim, you only have a small window of opportunity to file a claim. If you fail to file within the statute of limitations, you may not be able to recover the full compensation for your personal injury claim.
SHOULD I SIGN A RELEASE?
Before you put anything into writing, you should consult a personal injury attorney who will endeavor to protect your rights and ensure that you are not agreeing to anything that could limit your ability to recover full compensation for your personal injury claim.
SHOULD I TALK TO INSURANCE ADJUSTERS?
It is best to speak to your attorney first before making a recorded statement with an insurance adjuster. Insurance adjusters are trained to lead you into saying something that may free their company from any liability and this recording may be used against you in a court of law.
SHOULD I ACCEPT THE INSURANCE COMPANY SETTLEMENT?
Often in personal injury cases, the victim is offered an early settlement from the insurance company. It is best that you consult your personal injury attorney before accepting a settlement because they will be able to advise whether it will fully compensate you for your injury or not. Often, settlements are offered early in the process and the victim is still unaware of the full extent of their injuries or the cost and time off work they will incur.
HOW MUCH IS MY INITIAL CONSULTATION?
Free! When you hire Attorney Troy R. Penny to represent you in a personal injury or wrongful death case, you will never pay a dime unless you win. All client consultations are absolutely free thanks to our contingency fee contracts. Call today for a free case evaluation at 314-588-8600. Troy R. Penny is committed to providing compassionate care for those who deserve fair compensation.
WHAT SHOULD I BRING TO MY ATTORNEY MEETING?
Once you decide to consult with a personal injury attorney, gather all of the documents that you have that are related to your injury. This could include medical records, medical bills, police reports, photographs of the injury, testimonials from witnesses, correspondence from insurance companies, receipts for any payments you had to make in relation to the injury, loss of wage information, etc. Your lawyer will also be able to advise you on any specific documents that will be needed in the future.
DO I HAVE A CASE?
While a case evaluation will be necessary to know for sure, civil law does hold that if someone is injured, they (or their surviving family) have a legal claim against the party who was negligent and harmed them. Your personal injury attorney will work with you to go through the specifics of your situation and help identify who was at fault so they can prove that intentional misconduct or negligence occurred.
HOW MUCH IS MY CASE WORTH?
Again, a case evaluation will be necessary to confirm the value of your case. This is why it is so critical to hire a trusted attorney at law to fight for your rights and uncover every detail and every loss that can be pursued in the legal recovery process. This can involve medical bills, rehabilitation costs, lost wages, therapy, pain and suffering, and more. These evaluations are best handled by your lawyer who makes it their duty to have your best interests in mind rather than the insurance company who may underestimate the value of your losses to help protect their interests.
HOW MUCH WILL A LAWYER COST WITH A CONTINGENCY FEE?
Typically, you won’t have to worry about paying your attorney unless you win. At this point, you are often subject to your attorney’s fixed-rate fee, though there are times when that fee is open for negotiation. This will depend on several factors, including the complexity of the case, the time it will take, and the costs that will be involved. In any case, the skill of your attorney will be critical to your overall recovery.
WILL MY CASE GO TO COURT?
Most victims want to avoid a lawsuit and going to court. For this reason, personal injury attorneys are experienced in helping resolve your claim with a reasonable settlement that is always based on a consideration of all circumstances involved, including your past and future losses. This not only saves you the cost of defending your case in court, but it also saves you the months or years that it can take to reach a judgment in court.
WILL MY CASE BE CONFIDENTIAL?
Absolutely. Any information that you share with your personal injury lawyer will be protected by attorney-client privilege. This level of confidentiality remains even if you don’t retain the same lawyer’s services. This privilege is put in place to ensure you provide the critical facts that will make it possible for your lawyer to properly assess your case and represent you to their full abilities.
HOW LONG WILL THE LAWSUIT TAKE?
This depends. Since every case is unique, it is difficult to establish a timetable for your personal injury lawsuit. While some can be settled immediately, others may take a few months, and still others a few years. Your attorney will be able to advise you on what to expect once a full consultation is complete.
WHAT WILL I BE ASKED DURING MY DEPOSITION?
Depending on your situation, you may have to prepare for a deposition. Your attorney will help you prepare by reviewing all documents involved. After studying your police or medical records, your lawyer will be able to prepare you for common questions that will arise during your deposition and better prepare you for any line of questioning as needed.