Frequently Asked Questions About Personal Injury Law and Lawsuits

1. How quickly must I hire an attorney?
2. What are my legal rights after an accident or injury?
3. Will I have to pay a fee for your review of my case?
4. Who will I sue?
5. How long will a lawsuit take?
6. How do I select an attorney to represent me?
7. What recovery will I receive?
8. Do I need a lawyer? Why don’t I just contact the defendants and work it out with their insurance company?

• 1. How quickly must I hire an attorney?

You should not feel pressured to make an immediate decision about hiring counsel. Focusing on restoring your health or mourning the loss of loved ones should take precedence over liability issues at this difficult time. However, keep in mind that each state imposes a deadline for filing lawsuits. This deadline is known as the statute of limitations, which in certain states is one year from the date of the accident.

• 2. What are my legal rights after an accident or injury?

In most states, the injured victim may bring a case for negligence and other legal claims, along with his or her spouse, who is entitled to compensation for the loss of support, services and other benefits that a married couple provides one another.

In wrongful death cases, most states provide that the decedent’s spouse and children, if any, are entitled to sue for damages. If there is no spouse, then a child (or guardian of a child) may sue, and if there is neither a spouse nor child, then the decedent’s parents are entitled to sue. After the parents, siblings are next in line under the law.

• 3. Will I have to pay a fee for your review of my case?

There is no charge for our review of your case. If we decide we can represent you, we will discuss our contingent fees (calculated as a percentage of the recovery we obtain) and then provide a written contract to be agreed upon.

• 4. Who will I sue?

That depends on the facts of the case. In order to maximize your chance of success and recovery, we investigate the conduct of all potential defendants. For example, in the case of dangerous prescription drugs, we will examine the conduct of the drug’s manufacturer, the pharmacy and the prescribing physician. Further, the facts of a particular case may dictate investigation into the conduct of others.

• 5. How long will a lawsuit take?

We cannot give any guarantees as to when your case will be resolved. It typically takes many months before definitive conclusions about the cause of an accident can be reached. In some instances, a case will settle to our client’s satisfaction shortly after it is filed, or perhaps even before. In other cases, a final resolution may take two years or more.

Rest assured, Lieff Cabraser works swiftly and efficiently to obtain the maximum compensation for our clients and to bring each case to a successful conclusion. We do not charge our clients hourly fees and earn no compensation for ourselves until you receive your recovery.

• 6. How do I select an attorney to represent me?

In deciding on representation, families should seek a lawyer that has substantial experience in successfully handling similar cases. It is important to not only verify the reputation and experience of the law firm as a whole, but to be sure that your case will be handled by individuals with appropriate experience. Finally, in suits involving defective products or vehicles, a case can be expensive to litigate and can require the hiring of experts to assist your case. You should choose a law firm with substantial financial resources to conduct the case through trial and appeal if necessary.

• 7. What recovery will I receive?

In most jurisdictions, if the defendants are found liable, you are entitled to a judgment that fully compensates you for your financial loss. If you suffered a personal injury, the defendant is responsible for paying for your medical care, both past and expected, your past and future lost earnings, and an amount to compensate you for pain and suffering. Your spouse also might be entitled to an award.

If a loved one died, the recovery usually is based on the amount of economic support and services that you lost, plus, in some jurisdictions, an amount designed to compensate for your grief and mental anguish. We have economists who specialize in evaluating these injuries and calculating the lump-sum amount to determine a monetary compensation for your loss.

If the conduct that caused the accident was egregious, you may also be entitled to an award of punitive damages in certain states.

• 8. Do I need a lawyer? Why don’t I just contact the defendants and work it out with their insurance company?

It is usually both impossible and inadvisable to try to resolve an accident case involving catastrophic injuries or a death on your own. The accident may involve multiple parties and complex questions concerning what happened, who was legally responsible, and how the matter should be resolved. Not only legal experts (attorneys), but also medical and accident reconstruction specialists working on your behalf, are critical to properly evaluate the case and advise you of your rights. Without these experts, you may never know what really happened, or the true value of your case.

It is important to understand that corporations and their insurers employ the services of expert lawyers that seek to avoid responsibility or at least to minimize the payments that will be made to the victims and families. In contrast, our duty is to identify all responsible parties and maximize the compensation that can be obtained. Only established firms like Lieff Cabraser have the staying power to investigate these complex cases thoroughly, and to send a message to the defendants that they will not be able to hide their misconduct from you.

For answers to more questions about personal injury law and lawsuits, please feel free to contact an attorney at Lieff Cabraser.