The Lawyer Guide

Tuesday, April 25, 2006

You need to protect your rights. Hire an accident lawyer

You're in a car accident. You've suffered injuries. You feel you're entitled to compensation. So, you go to court.


But in today's world, navigating the court system without a knowledge of how it works can be time-consuming, frustrating, and a real challenge. Not knowing how to represent yourself in a personal injury case, or how to fill out and file the necessary documentation can oftentimes lead to people throwing up their arms in frustration and giving up on their fight, fed up with the many complexities of the court system.

Find information about accident lawyersAccident lawyer helpful information:

- How to hire an accident lawyer
- Helpful tips if you are in an accident
- Basic questions to ask you accident lawyer
- Will an accident attorney work pro bono?


For many, seeking the assistance of an attorney who will protect their rights and help cut through the judicial red tape is too costly or beyond their means. But it doesn't have to be that way.

Why seek the help of an accident attorney?

Navigating the court system today can be a tedious procedure. Judges have little tolerance for those wishing to represent themselves in a court of law but do not know the rules of the game once inside the courtroom. Further, a lack of knowledge and understanding of the judicial process can cause undue delays in the resolution of your case, and even the smallest procedural errors can be devastating, not only to your case but to your demeanor and desire to persevere. In most cases, the best way to resolve these issues so they don't become bigger ones is to hire an attorney.

Finding an affordable attorney and covering cost

The biggest obstacle in retaining an accident attorney is the obvious one: Cost. While hourly rates for good accident attorneys vary substantially, some cases are more expensive to litigate than others. The reasons for this are also obvious: Time and severity of your case. For example, hiring a lawyer to fight a traffic ticket will cost a lot less than hiring a lawyer to fight a felony criminal charge. Also, different lawyers charge different rates, depending on their reputation (usually based on the number of cases they have won), and experience. It is not always true that the best lawyer costs the most, but the best lawyers usually do not charge the lowest rates.
Make the appointment!

Determining how much your attorney will cost, and if whether or not you have a case, depends on taking that crucial step and scheduling an appointment with an accident attorney. Quote shopping by telephone usually doesn't work, as most attorneys, or their secretaries for that
matter, will not disclose such information without a scheduled appointment. Why? Typically, attorneys want to hear the facts of your case before deciding if they will to take it. The facts will also give the attorney some idea as to how much it will cost to try your case.

Because of their often hectic schedules, attorneys will not discuss your case with you over the phone, and will need to pencil you in to their schedule. That doesn't mean you wont find an attorney willing to discuss facts with you over the phone, but it is not the preferred method.

A lawsuit is a serious and time consuming endeavor, so treat it with all the seriousness you can muster. The most important thing, however, is that you feel comfortable with the attorney and can establish a level of trust.


Retainers and other fees

Please remember that a "retainer" is not the total fee. A retainer is usually a down payment to get your case off and running. Paying a retainer means you've secured the services of an attorney who believes in your case and has agreed to take it on. Some lawyers quote a retainer that reflects what they believe the case will cost. Others may quote a lower retainer fee and then bill their client later for additional legal costs.

FLAT FEES

Flat fees are another option to consider. The purpose of a flat fee is not to save money, for most flat fee arrangements typically end up costing you more than an hourly agreement. Flat fees do, however, allow you to better assess your legal fees and ensure that you are not paying what you cannot afford. Flat fees provide peace of mind, and guarantee you won't be charged more if your case turns out to be more complicated than your attorney initially believed.

HOURLY RATES

If you plan to pay your attorney an hourly rate, it may be prudent to ask him/her to quote you a maximum fee. Reason being: It can be a good way to test the reasonableness of your attorney's retainer, unless the attorney has agreed to take your case for what you are able to afford. If an attorney quotes you a $500 retainer but refuses to quote a maximum fee, you probably should go elsewhere. While many cases vary in complexity, making it difficult for attorneys to quote
maximum fees, such complexities should also be reflected in the retainer. A $500 retainer ordinarily indicates that the attorney views the case as simple. You can try asking an attorney for a lower hourly rate, but don't be surprised if you get turned down flat. Many attorneys will not agree to lower rates, and good ones usually have more work than time.

CONTINGENCY FEES

Many attorneys will take cases on contingency, meaning simply that they agree to take a percentage of the monetary award if you win your case (usually a third). If the attorney does not win your case for you, he/she doesn't get paid, but you are still responsible for paying the court fees. Some attorneys offer sliding scale fees.

Attorneys typically take cases on contingency if they feel they are sure-fire wins with big payouts. These cases include primarily civil suits, particularly personal injury cases. Every state limits contingency fees for personal injury and workers' compensation cases, so make sure you check what the contingency cap is in your state if you are involved in a personal injury or workers' compensation case.

Sometimes you can negotiate contingency fees with attorneys, but the best ones can typically get larger awards than lesser skilled attorneys, making the contingency fee a mute point. You may want to consider a better attorney and not a lower contingency fee.

LEGAL SERVICES AND LAW SCHOOL CLINICS

If money is a problem, and it usually is with many people, there are alternatives such as free or low-cost legal services through a legal services office. Some law schools offer clinical programs to assist people in their lawsuits. Even if you do not qualify for those programs, staff can usually refer you to attorneys who take cases at reduced rates.

Will an accident lawyer work for no fee?

Most attorneys periodically take cases on a "pro bono" or "no fee"
basis. The most typical kinds of cases that attorneys take on a pro
bono basis are ones that are highly publicized and can in turn
generate a lot of free publicity for the attorney. If the attorney
wins the case, it's even better for business.
(It should be noted that "pro bono" is the English translation of the
Latin and Greek phrases "pro bono publico," meaning "for the public
good." While it is customary for attorneys to do their "pro bono"
work without charging a fee to the client, "pro bono" work may
nevertheless result in fees. For example, the attorney, while not
charging the client a fee, can ask for attorney fees from the
defendant as part of the judgment.)

It is important to note that pro bono cases and ones taken on
contingency are not the same. When a lawyer takes a case on
contingency, he/she receives a percentage of the award granted in the
case. If the client loses, then the attorney receives no payment.
Personal injury cases usually involve contingency fees. But these
fees do not cover court costs, transcription fees or filing fees as
the client is responsible for these additional costs. Both domestic
relation matters and criminal cases are forbidden to operate on a
contingency fee arrangement. In pro bono cases, the attorney
typically only seeks attorney fees from the defendant or respondent.

Ask the right questions before hiring an accident lawyer!

Here is a list of important questions to ask an accident lawyer
during an interview. Consider them a starting point, but by all means ask more questions if you need to. The object is to find out as much information as possible and establish a line of trust.

Some good questions include:

  • What are your areas of specialization?
  • Do you have a consultation fee? If so, what is it?
  • Have you handled cases like mine before? How many? How many have you won?
  • Will you be the only attorney who works on the case? If not, who else will work on it?
  • How long do you think it will it take for this case to be resolved?
  • How much will my case cost? Would you consider taking my case on contingency?
  • What can I do to assist in the case and to help reduce the cost?
  • Is there anything you suggest I do to build a stronger case?
  • How will you keep me notified about the progress of my case?
  • If I have questions about my case and need to contact you, what are the best times?
  • Can I reach you on your cell phone or pager?
  • If you are unavailable or on vacation, who can I speak to about my
    case?
  • Can I reach you after hours if I have an emergency?
  • How often do you go to trial?
  • What is the ratio of cases you take to trial and ones you settle out of court?
  • If I am not happy with a settlement offer, are you willing to go to
    bat at trial regardless of how you feel about my decision?
  • If I am happy with a settlement offer, but you think we can win more at trial, will you follow my wishes?
  • Have you ever been disciplined by an ethics committee, or been
    suspended from the practice of law? If so, why? (NOTE: This
    information is also available on most state bar association websites.
    California's State Bar website address is: calbar.ca.gov Click
    on "Attorney search" on homepage, then type in the name of an
    attorney. If the attorney's name is listed, click on it. A screen
    will then pop up displaying information about the status of the
    attorney's bar card, education and record of discipline, if there
    has been any)
  • What "continuing legal education" courses have you attended during
    the past few years?

Please note that, as desirable as references may be, it is not always
possible for attorneys to give references from past clients due to
attorney-client confidentiality. However, you may wish to ask for
references from other attorneys.


Should I ask for a written retainer agreement?

Yes. A written retainer agreement is the best way to ensure that your
rights are protected. Don't feel that you have to sign the agreement
on the spot -- take the time to read it first, then ask questions
about it if you have questions. If you are looking to pay thousands
of dollars in fees, you may even wish to have the agreement reviewed
by another attorney before signing it. The retainer agreement should
accurately describe the legal issues for which the attorney will
represent you, the amount that you will pay the attorney, and any
other terms you discuss.

Helpful tips if you are in a car accident

If you should ever be unfortunate enough to be in an auto accident, do not drive away from it, even if it is a minor fender bender. Wait for a police officer, who can get the information necessary to write up a report.

� Always exchange information with the other driver. Also get the
names and telephone numbers of as many witnesses as you can. If the
driver of the other car refuses to provide you with their driver's
license and auto insurance information, take down the license plate
number of the car they are driving and call the police at once.

� Report the accident to your insurance company immediately, even if
you don't plan to file a claim. If you believe the other driver was
at fault, contact his or her insurance company as well. Update your
information!

� If there's a dispute about who's at fault, file the claim with your
own insurance company. The two companies will negotiate over
liability and pay.

� If your vehicle is going to require repairs, ask for a rental car
or reimbursement for a rental car. Insist upon a vehicle that is
similar to your vehicle. This could be problematic, however, if your
policy doesn't cover rental cars.

� Be certain vehicle repairs are complete and your vehicle is
operating properly before releasing the body shop or insurer of final
responsibility.

� Insist on a lifetime guarantee on repairs if you agree to take your
vehicle to an insurer's preferred body shop or mechanic.

� Consider having at least one or two other body shops or collision
repair specialists evaluate the work done on your vehicle to ensure
it was done correctly.

� If your vehicle is destroyed in an accident, don't accept your
insurance company's first settlement offer. Check edmunds.com or
look at a used-car price guide like Blue Book to see what your car is
worth, then negotiate.

� If you have a 5-year lease or loan and owe more than the car is
worth, ask for a "substitution of vehicle," in which the loan or
lease remains in force and the insurer finds you a similar vehicle as
a replacement.

Kurasch and Klein - the Chicago Accident Lawyers for you!

Kurasch and Klein - the Chicago Accident Lawyers for you!
At Kurasch & Klein, we devote 100% of our time to representing injured people. We are here to represent folks for every kind of injury situation. Our lawyers are experienced in medical malpractice, car accidents, construction site accidents, work accidents, and any other way that people get hurt. We’re tough, and we treat every client and every case as if it was the most important thing we have to do --- because it is. The millions of dollars we have gotten for our clients are the result of hard, aggressive work. And it’s not just the most important area of law we practice, it’s the only area of law we practice. Here are some other reasons to give us a call right now:
  1. Don Kurasch and Dan Klein are Illinois Super Lawyers – selected by fellow lawyers as among the top 5% of all Illinois lawyers (Chicago Magazine, May 2005).
  2. An AV ranking by Martindale Hubbell - recognized as among the top 7% of all lawyers in the country for legal ability and integrity.
  3. Millions of dollars for our clients – We fight tough against the insurance companies - check out our Client Success page.
  4. Tremendous client satisfaction – most of our new business comes from the referrals of our past clients.
  5. We promptly answer all calls - we will always keep you in the loop – check out our FAQ link.
  6. We are here to service all of your injury/legal needs – 33 years experience in medical malpractice, auto accidents, construction accidents, slip and falls, and workers compensation.

Chicago Lawyers - Dwyer & McDevitt, Ltd.

Dwyer & McDevitt, Ltd. is a personal injury law firm serving seriously injured clients in Cook, Lake, DuPage and the surrounding counties.

Here's a brief information about their firm and work, expressed by themselves.

Our firm has over 30 years of experience representing clients who have suffered serious personal injury because of another's negligence.

We are chicago lawyers committed to representing victims of motor vehicle accidents, medical malpractice, premises liability and other causes of injury. We offer personal attention, litigation experience and the resources required to maximize the compensation our clients receive.

Many of our clients have suffered injury in car, truck or motorcycle accidents. Answers to questions frequently asked by motor vehicle accident victims are provided at the links below:

We have experience representing victims of medical malpractice including cases arising from emergency room care, obstetrics and pediatrics. Click the links below for more information:

Our firm handles claims for those injured because of a dangerous condition on a property (premises liability), dog bites and other causes of injury. Additional information on these areas of our practice is provided below:

About Our Law Firm:

We have recovered over $24,000,000 for our clients since 1999.


Over 97% of the cases handled by our firm since 1989 have resulted in verdicts or settlements for our clients.


Free case evaluation available by phone or in person between 6:00 a.m. and 9:00 p.m.


No attorney fee unless we recover money for you.


Over 30 years of experience representing seriously injured victims of personal injury.


A firm partner will handle your case, not an associate or paralegal.


Verdicts/Settlements

$720,000 settlement for motorcyclist who suffered facial fractures in accident with tractor trailer.

$2,000,000 settlement for 66 year old plaintiff who suffered right sided partial hemiparesis following
spinal surgery.

$1,100,000 settlement of wrongful death action following death of 25 year old woman who developed
pulmonary embolism after allegedly unnecessary podiatric surgery.

$750,000 settlement for plaintiff who suffered a tibial plateau fracture and humeral shaft fracture as
a result of automobile/pedestrian accident.

$400,000 settlement for plaintiff who suffered rotator cuff tear and shoulder impingement syndrome as a result of automobile accident.

$350,000 settlement for plaintiff who suffered herniated disc at L5-S1 as a result of automobile
accident.

$3,725,000 verdict for the estate of a married father of two who died when he fell or jumped off of a moving tow truck. Defendant offered $50,000 before trial.

$1,155,392 verdict for plaintiff who suffered a herniated disc at L5-S1 when a dump truck discarded debris on the roadway. No settlement offer before trial.

$2,950,000 settlement of a product liability claim against manufacturer of wheelchair and service company. Plaintiff suffered brachial plexus injury with diminshed dexterity and use of his dominant arm.

$1,025,000 settlement for plaintiff who suffered wrist and femur fractures in an automobile collision.

$1,000,000 settlement for estate of stillborn who died as a result of allegedly mismanaged shoulder dystocia at birth.

$1,200,000 settlement for plaintiff who suffered reflex sympathetic dystrophy after exposure to a live electrical line allegedly placed under front entrance mat to store.

Please contact our office today for a free case evaluation>>>

Why Choose Our Law Firm?

We understand that suffering personal injury disrupts your life and can cause concern about the future. The insurance claims process and prospect of litigation may also cause anxiety. We are there to guide you through and handle the claims process. We will promptly address your concerns, aggressively prosecute your claim and work to maximize the compensation you receive.


Our law firm has helped many recover compensation for their injuries. It wasn't your choice to be a victim, but we know you do have a choice who to hire to help. Contact us today for a free case evaluationSearches:
Chicago | Illinois | Personal Injury Lawyers | Car Accidents | Truck Accidents | Motorcycle Accidents | Pedestrian Accidents | Serious Orthopedic Injuries | Wrongful Death

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