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FREQUENT QUESTIONS
1. How long will my case take to handle?
This is the most frequently asked question, and the most impossible
to answer. First, you must reach a stable medical condition before
your case can be evaluated and a claim submitted on your behalf.
Second, it depends on whether the liability is clear, or if a trial
will be required to determine fault. Third, is whether we and the
insurance company can agree on a fair value for the claim, or if
we will have to go to trial to determine the fair value. You should
be more concerned that your claim is thoroughly and professionally
handled, rather than how long it will take. It will take at least
several months to handle the case if it settles before trial, and
up to three years if trial is required. Our goal is full and fair
compensation.
2. What is my case worth?
Case value is based on the severity of your injury. The settlement,
or jury award, will include compensation for your past and future
pain, suffering, disability, disfigurement, emotional distress,
medical expenses, wage loss, and certain personal expenses. Each
case is valued separately based upon the injuries suffered.
3. Will I have to go to trial?
Most cases settle before trial. If there is a difficult issue on
fault, or if we and the insurance company significantly disagree
on the case value, we would then need a trial. Often, if initial
settlement negotiations are not successful, the law suit will be
filed, but the case may settle before the trial date. Thorough pre-trial
preparation is the key to settling cases and avoiding trial.
4. What do you charge, and what will this cost?
You should always have a clear understanding of Attorney Fees,
and Litigation Cost before you hire an attorney. My firm, as do
most medical malpractice lawyers, works on a "contingent fee" basis.
That means that you do not pay any attorney fees unless we win a
settlement or judgement for you. The attorney fee is paid from the
money collected from the doctor's insurance company. The normal
fee for an experienced medical malpractice lawyer is forty percent
of the funds recovered. Less experienced lawyers may charge a slightly
lower fee until they gain more experience handling medical malpractice
cases. Additional expenses separate from, and in addition to attorney
fees, are Litigation Costs. These are the expenses incurred to obtain
medical records, hire expert witnesses, take depositions and pay
court costs. Litigation Costs will be owed even if you are unsuccessful
in your claim. Be certain to discuss Costs as well as Fees with
your attorney.
5. Is it too late for me to file a claim?
A special law called the Statute of Limitations sets the time frame
in which each type of claim must be filed. This is a complicated
law. You should review the facts of your claim with a medical malpractice
lawyer to determine if there is still time to file a claim for you.
I know that you will have more questions about your potential claim.
Call or email me, Jeanne Sockle, and my professional staff. We
are here to help.
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Bikers Lawyers 
