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PERSONAL INJURY FAQ
What does it mean to "file suit"?
The act of filing legal papers at the courthouse is called filing suit. This occurs once the client gives the attorney authorization to file suit after all other options and attempts at resolution have been exhausted. When a case is filed with the court, it does not necessarily mean that there will actually be a trial. Most cases are resolved before trials begin, but some still reach the courtroom.
How soon should I file a lawsuit?
You should speak with a personal injury attorney as soon as possible following your accident. Injury victims only have a short period of time to file a claim. Failure to file within this time period, known as the statute of limitations, can bar the victim from ever recovering compensation for their injuries.
What is my case worth?
This is generally the most common question a plaintiff has and it is one of the harder questions for a plaintiff's attorney to answer. While there is no set formula, the "value" of a case is generally based on five areas, assuming that the liability issue is straightforward. These areas include:
◦ Past medical bills
◦ Future medical bills
◦ Lost wages
◦ Loss of earning capacity
◦ Pain and suffering
The amount of compensation is determined by the evidence available, and based on our experience with past cases, we may be able to estimate the value of your case once we have gathered all medical records and statements and have an idea as to whether your physical and mental state has improved or worsened from the date of injury. There are additional factors that are considered when determining the amount of compensation, and these include: the severity of your injuries; the details of your accident; your degree of fault; your employment history; your ability to work; your life expectancy; the defendant's insurance limits; and the identity of the defendant. The manner in which you obtain medical treatment, your lifestyle, and your litigation history will also be considered.
How much does a lawyer cost?
At The Siddiqui Law Firm, we accept personal injury cases on a contingency fee basis, which means that we will only collect if the case is successful. We accept a fixed percentage that varies based on the whether or not a case is settled, when it is settled, or if the case needs to go to trial. If you would prefer to hire us on an hourly basis, that option is also available. Please feel free to contact us for more information on our fees.
How long will my personal injury lawsuit take?
It's difficult to determine how long it will take to resolve a personal injury lawsuit. Each case is unique; therefore, no general timetable can be established for personal injury cases. A personal injury lawsuit may settle in a few months without the need for a trial, while others can take years to complete.
Should I sign a release?
Before signing anything, be sure to contact a personal injury lawyer to ensure your rights are protected. If you sign a release, you may be unable to recover future damages. In some instances, the insurer may offer an early settlement, which may not fully compensate the victim, as he or she may still be unaware of the extent and future costs of their injuries.Please feel free to contact us for a free consultation.
What is negligence?
To have a viable personal injury claim, the victim must have been injured from the negligence of another individual or entity. Negligence occurs when an individual fails to exercise a reasonable standard of care for the safety of others. If a person fails to act as a reasonable person would, he or she may be liable for any resulting damages.