What is personal injury?
A personal injury claim involves an injured person (the plaintiff) seeking compensation from the person or entity that caused the injury (the defendant). This often involves negotiation with the defendant's insurance company. A personal injury claim involves evaluation of the injury and damages suffered as well as the conduct of the defendant. Many factors impact the manner in which a personal injury claim proceeds including the severity of the injuries, the degree of fault of the defendant as well as the availability of insurance coverage or other sources of compensation.
A personal injury claim may arise under a variety of circumstances including motor vehicle accidents, medical malpractice and falls on dangerous property. Many personal injury claims are resolved without the filing of a lawsuit. Materials including the medical records and bills, evidence of wages lost, comparable verdicts or settlements and expert reports if needed are typically sent to the defendant's insurer with a demand for payment. The settlement of a claim saves both sides from the risks and costs of litigation. If the plaintiff and defendant cannot agree on a settlement amount, litigation of the claim may be necessary.
Litigation involves the filing of a lawsuit against the defendant for the personal injuries suffered by the plaintiff. The lawsuit may seek compensation for the medical expenses, pain and suffering, disability, disfigurement and the wages lost by the plaintiff. The litigation of a personal injury claim often involves answering written interrogatories, conducting depositions of the parties, witnesses and doctors, the involvement of experts and if necessary, a jury trial.
A personal injury claim may be resolved by way of settlement or through Alternative Dispute Resolution after a lawsuit has been filed. Alternative Dispute Resolution involves a mediator attempting to facilitate a settlement or in the case of arbitration, the hearing of evidence and ruling on the right to compensation. Alternative Dispute Resolution is typically less expensive than litigation and oftentimes resolves a claim more quickly. Given the intricacies involved in the handling of a serious personal injury claim, it is imperative that a victim of personal injury consult with an experienced personal injury attorney to assess their claim.
What is my case worth?
Each and every case is comprised of separate components and factors which are closely examined. Some of these include the amount of special damages, medical damages, the length of medical treatment, the nature of the injury, the possible permanency of the injury, loss of function or use of a particular body part, emotional damages, scarring, disruption of the enjoyment of life, the impact of lost wages and/or lost earning capacity. The value of your case will also involve a comprehensive evaluation of liability and the likelihood of recovery.
What damages am I entitled to?
You can be assured that your case will be thoroughly examined to insure that all possible damages are examined. You will be informed of all developments and will remain a part of the settlement process. Your lawyer will communicate with you at all stages of the handling of your case so that you remain fully informed as to the status of your case. At the inception of the handling of your case, you will meet with an attorney that will explain to you the extent of the damages that you are entitled to. As your case develops you will learn specifics as to the likely range of damages, likely settlement ranges, and/or likely verdict range.
When can I expect to receive a monetary settlement?
At Percy, Tedeschi & Associates, P.C., your can be assured that the handling of your personal injury case will be given the professional attention and direction necessary to achieve a prompt and fair settlement. No two cases are the same. Each case is evaluated for a settlement once all of the above factors are examined. Some cases may be settled directly with the responsible party and/or with their insurer without the need to bring a lawsuit. Other matters will necessitate the filing of a lawsuit.
What is a Contingency Fee?
At Percy, Tedeschi & Associates, P.C., there is no fee unless we are successful in obtaining a settlement and/or collectible verdict. You are not obligated to pay up front for any costs involved in the handling of your case. The fee itself is contingent on the outcome of the case. If successful, we will deduct any costs incurred during the handling of the case plus an agreed percentage, all of which will be articulated within the written fee agreement. Please note you are not deemed a client of Percy, Tedeschi & Associates, P.C. until your case has been reviewed and until the contingency fee agreement has been signed.
