Q:

Why should I hire an attorney?

A:

People or companies who are potential defendants in personal injury suits are usually covered by insurance. Their insurance companies require them to inform them immediately if any incident occurs. The insurance company immediately assigns a claims adjuster to the file to investigate the claim. The insurance adjuster's primary responsibility is to not pay the claim, or to pay as little as possible. They will call you. They will want a statement from you. They will act friendly, but they are not your friend. They are not representing you. Any information that you give to them, without the advice of your own attorney, may be used against you to belittle or devalue your claim. Sometimes, the things you innocently tell an insurance adjuster makes the difference between winning and losing your claim. They are trained to take recorded statements that get their insured "off the hook".

Q:

When should I hire any attorney?

A:

It is important to hire an attorney as quickly as you can. The insurance company is investigating the case. Evidence may get old and stale. Witnesses may move. The sooner you have someone representing you and running interference for you with the claims adjuster, and accumulating the evidence necessary to successfully pursue your claim, the better chance you have of getting better value for you injuries and claim.

Q:

If I do not hire an attorney, can I handle the claim myself?

A:

You can handle the claim yourself. But unless you are well schooled in the law and settlement negotiations and proving your claim, you will be outnumbered and outgunned. The likelihood that you will be treated fairly and quickly by the insurance company is so slim that your chances of winning the lottery may be greater.

Q:

How long do I have to file or make a claim for personal injuries?

A:

For personal bodily injuries, the time period that you may have to file a claim can be anywhere from one to four years, depending on the type of claim that you have. Generally it is two years. There are some exceptions. It is important to seek the services of any attorney who specializes in the type of suit you may have, so that he can advise you about what needs to be done and when.

Q:

What happens if I do not file my claim for personal bodily injuries within the time period that the law specifies?

A:

Generally, absent special considerations or facts, you claim is barred forever.

Q:

I was involved in an automobile accident a couple of days ago. I thought I was alright, but over the past several days I have begun to hurt. What should I do?

A:

It is not unusual for a person to be injured in an accident and not really be in any significant pain at the beginning. Many times, the pains begin and get progressively worse within 24-48 hours after the accident. If you are in pain, you should go to your doctor, so that he may examine you and recommend any treatment or medications that might help you cope with your injuries.

Q:

How do I pay for an attorney to help me?

A:

Many attorneys, such as those at the Law Offices of Ted B. Lyon & Associates, will take cases on a contingent fee basis. You will sign a contract granting a certain percentage to the attorney in exchange for doing the legal work necessary to assist you in presenting your claim. The attorney will front all of the necessary expenses to get your case in position to be settled or tried. You are only responsible for repaying the expenses and paying the contingency attorneys fee if you recover something through a settlement or judgment. If you recover nothing, you owe us nothing.

Q:

Can you settle my claim without my consent?

A:

No! Any settlement or other resolution of your claim must come with your consent. Before giving your consent, the lawyer assisting you will give you a very good idea of what the settlement means in terms of dollars in your pocket after payment of attorneys fees and reimbursement of expenses. No settlement can be made without your consent.

Q:

Once I sign a contract with you, can I settle my case without your consent?

A:

No! When you sign a contingency fee contract, you grant the attorney an undivided percentage of your cause of action, which the attorney then owns. Both parties, client and attorney, must consent to a settlement.

Q:

What if my attorney and I do not agree on whether to take a settlement or not. Who wins?

A:

You do. As the client, you have the ultimate authority and say in whether or not an offer of settlement is to be accepted or not.

Q:

How are settlement offers divided between me and my attorney?

A:

From the gross settlement, the attorneys fees will be subtracted, then the expenses will be subtracted, then any other payments that you owe to health care providers or to reimburse health insurance companies for payments made on your behalf for which they may be entitled to be reimbursed will be subtracted, and the net will be paid to you. Before agreeing to a settlement, you will have a very good idea about what all of the charges are and what net you will be getting.

Q:

How will I pay for my doctor's care?

A:

If you have health insurance, use it. You may have to reimburse the health insurance company for amounts that they pay, but you will get all of the treatment that you need and that will assist you in recovering from your illness. After all, you pay for it, you might as well use it. If you do not have health insurance you can go any hospital or emergency room. Otherwise, we can issue letters of protection to medical providers for you.

Q:

What is a letter protection?

A:

A letter of protection is a letter we give to the doctor, with your permission, which asks the doctor to treat you for your injuries and wait to be paid until any settlement is made or judgment is collected. Some doctors will do this and some doctors will not. If a doctor does accept a letter of protection, then he or she must be paid out of any settlement or judgment before you receive any money.

Q:

Why would I use a letter of protection?

A:

Sometimes, it is the only way that you can get treated. Or, sometimes, doctors to whom you owe money on account of these injuries and treatment of them, request letters of protection. We discourage use of letters of protection, if health insurance is available.

Q:

How much is your contingency fee?

A:

Our contingency fee ranges from 33 1/3 % if the case is settled without suit being filed, and 40% after suit is filed, in addition to expenses. In some of the more difficult cases involving medical malpractice and product liability, the percentage may be 40% initially, and 50% after suit is filed.

Q:

Why are the contingency fees the amount they are?

A:

First, the amounts of our contingency fee contracts are the same as most contingency fee contracts by other lawyers in the United States. Second, most of the people that we represent are not wealthy. They are unfortunate people, placed in sometimes terrible circumstances, with very little money to spend on nonessential things, such as lawyers. But, most defendants are represented by insurance companies which hire private attorneys to defend their insured's. They may pay from $175-$500 per hour for the private attorneys to represent the defendant. The average car wreck case may take, from beginning to end, 50-100 hours. Quick multiplication shows that it may cost in attorneys time $10,000 or more to try a simple car wreck case. Most people cannot afford it. And without the contingency fee system, most people would not be able to hire an attorney to protect their interests, and would be shut out of the legal system.

Q:

How long will my claim take to resolve?

A:

That is a difficult question to answer. We generally like to have you complete your medical care and treatment and get a report from your doctor about your injuries and what the future may hold for you because of your injuries. You may have a serious injury that requires much treatment, in the past and in the future, and suit may be required to adequately compensate you for your injuries. We may be able to settle your case in as little as 6 months, but it may take much longer.

Q:

Can I force the defendant to settle?

A:

No. A settlement depends upon the defendant offering a sum of money, which after negotiations, you accept. It takes both to complete the deal. You may want to settle for a particular sum, and the defendant may not wish to. Or, the defendant may want to settle for a particular sum, and you may not. Then and in those events, there is no settlement.

Q:

What if I lose my suit at a trial?

A:

You owe us nothing for our time, our attorney's fees or our expenses.

Q:

Why do I have to go to the doctor?

A:

You should go to the doctor if you are injured or hurting from an injury. This assists you in getting the medical treatment that you need because of another person's negligence. It also documents the injuries that you do have and the complaints that you made, which will eventually be used to settle or try you case. In order to settle your case with the insurance company, or in order to convince a jury to award you a certain sum of money as compensation for your injuries, we must be able to prove your injuries. It requires going to the doctor as often as necessary to treat your condition. We do not want anyone to go to the doctor unnecessarily or if it is not required. But if it is required, then you should go so that you will hopefully get better. If you are truly hurt, but do not go to the doctor, the insurance company and the jury will not have anything upon which to base any settlement offer or jury verdict. A doctor usually will have to testify at trial that you were injured, that your care and treatment was necessary and the charges reasonable, and that the treatment was necessary because of the incident made the basis of the suit, an automobile wreck for example. So, going to the doctor as often as you need to is necessary to successfully prosecute your case. But only go to the doctor if you need to.

Q:

What if I cannot make it to a doctor's appointment when it is scheduled?

A:

Always call the doctor at least 24 hours in advance to cancel the appointment and reschedule it. Never fail to go without calling. If you do not call, the doctor's office will write "no show" on your medical records, and the insurance adjuster and the jury will think you are not very injured if you forget about your doctor appointments or do not even go, call or reschedule.

Q:

When I see the doctor the first time, what should I tell him?

A:

You should tell him why you are there. Describe the accident that caused your injury but be careful about giving details unless you are sure of them. Describe each and all of your injuries to the doctor, and what hurts on each visit. In all instances, be truthful with your doctor. And, follow his advice.