O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers | August 26, 2024 | Personal Injury
After an injury accident, you may be thinking more about recovery than your legal rights. Nevertheless, you have the right to compensation from those whose carelessness leads to harm.
A personal injury attorney is your best ally when you have a personal injury claim. They know the applicable laws and procedures to personal injury cases.
So, which attorney firm is right for you? Before deciding who will best negotiate or litigate your personal injury claim, ask these questions.
1. Do You Specialize in Personal Injury Cases?
You want a personal injury law firm to handle your claim, not one that handles probate, criminal, or some other practice area. However, even personal injury lawyers handle select case types. For example, some firms focus on medical malpractice or wrongful death lawsuits. If that differs from your case, you want to retain a firm that handles cases like yours.
Attorneys who consistently handle auto accident cases, for example, are familiar with the governing laws and the resources needed to litigate them.
2. How Much Do You Charge to Handle My Case?
Most personal injury law firms work on a contingency fee basis. That means you pay no fees unless you win. Once you get a settlement or jury award, you pay your attorney a certain percentage, typically between 30 and 40% of the settlement or award.
However, from start to finish, you incur costs associated with prosecuting a personal injury claim, such as lawsuit filing fees, deposition costs, and court costs. Some lawyers cover the costs and reimburse themselves when the case settles or a jury decides in your favor. Others require you to pay expenses as the case goes forward.
Still, some lawyers charge hourly fees, which means you pay for the time your attorney spends on your case.
3. When Will I Receive Compensation for My Injuries?
It isn’t easy to estimate how long it takes to resolve your case since many factors affect the timeline. The first consideration is your medical condition. Some injuries take longer to heal than others, so you want a doctor’s determination that your condition is stable or as stable as it will get. In other words, you may be in treatment for months or years before a doctor confirms that no other treatment will improve your condition or you need lifelong treatment.
Your attorney will not settle your case while some of your damages are unknown. Since a damages award includes the costs of your past and ongoing medical expenses, a doctor’s diagnosis of permanent injury supports your settlement demand and evidences the extent of your injuries to a jury.
You want to wait to ensure your numbers are accurate. Also, personal injury claims sometimes involve multiple defendants. Locating and contacting all necessary parties to a lawsuit may take time.
Hiring experts like an accident reconstructionist may also cause delays when liability is an issue. The expert may need time to examine the accident evidence and write a report.
Finally, an aggressive insurance adjuster lowballing a settlement amount can also slow the pace of a personal injury claim. Thus, you want an attorney firm that pushes for a speedy resolution.
4. What Damages Will I Receive for My Injuries?
New York laws enable injury victims to pursue compensatory damages for injuries and losses caused by another’s negligence. Compensatory damages include general and special damages, while punitive damages punish grossly negligent behavior and deter further irresponsible and harmful acts.
General damages are non-economic damages, such as pain and suffering, mental anguish, lost quality of life, loss of participation in family life, or intimate relations with a significant other. Mental and emotional damages are non-economic.
Special damages are economic losses due to past, present, and future medical expenses, wage and salary losses, and diminished earning capacity due to permanent disability.
Your attorney will explain compensation values and formulas for calculating a personal injury award.
5. Will My Case Go to a Trial?
Fewer cases are resolved in a courtroom than in a settlement. A personal injury lawyer can show you settlement statistics and jury verdicts. They can also discuss local personal injury jury verdicts for plaintiffs in your circumstances.
Since you cannot rely on a settlement, you want an experienced negotiator and litigator to take your case to a trial and win a plaintiff verdict.
6. What Support Do You Provide While Pursuing My Personal Injury Claim?
Most clients’ primary concern is information. So, ask your attorney firm about the timing and manner of case updates, such as email, text, or telephone calls. You may also want to know who will answer your questions.
Contact The Buffalo Personal Injury Lawyers At O’Brien & Ford PC For Help Today
These questions are fundamental to a healthy discussion about the claim process and lawyer services with your attorney team. Knowledge decreases your fears and increases your satisfaction.
For more information, please contact the Buffalo personal injury lawyers at O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers to schedule a free consultation with an accident lawyer. We have a convenient office location in Buffalo, NY.
We proudly serve all throughout Erie County and the state of New York.
O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers
4549 Main St, Suite 201
Buffalo, New York, 14226
(716) 222-2222