Parker Waichman LLP - National Personal Injury and Mass Torts Law Firm

Every case is unique. Some settle before a lawsuit is filed while others while go to trial. A case can also settle at any time during any stage of a lawsuit. Most cases settle before trial for a variety of reasons. We will evaluate your case and advise you on what we think is best for you.

You should consult with an attorney before any discussions with the opposing insurance company. The opposing insurance company’s interest is in direct conflict with your own. This means that any discussions with them, no matter how friendly the claims representative seems to be, have the potential to harm your claim. Talking to the other driver’s insurance company is rarely to your advantage, and could be very damaging to your claim.

There is no one average lawsuit settlement, as these amounts vary widely depending on the case at hand, ranging anywhere from $3,000 to more than $1 million. Typical personal injury settlements will cover the measurable economic damages caused by the injury and then attempt to take into account non-economic damages such as pain and suffering.

It’s impossible to determine early on what a case is worth. Some factors, however, that will determine what is a case may be worth include severity of injuries, pain and suffering, medical treatment, lost income and available insurance coverage.

Personal injury lawyers charge a “contingency fee” to take an injury case. A contingency fee means that the firm will not get paid any attorney’s fees unless you recover money in your case. The lawyer or law firm will get paid a percentage of money received from any insurance settlement or jury verdict.

The percentage that a lawyer can receive in a contingency fee agreement varies from state to state. The percentage typically ranges from 25 to 40 percent, and 33.33 percent (or one-third) is common. For example, if you have a 33.33% contingency fee arrangement and you recover $90,000 in your car accident case, your attorney will receive $30,000. Any disbursements charged to your case are also reimbursed to your attorney upon the successful conclusion of your case.

Before you take the steps to file a personal injury lawsuit, you are probably wondering how long the entire process will take. The popular belief that all lawsuits will drag on and on is not always true. This question, however, is difficult to answer because a variety of things can affect how long it takes for your case to resolve. Determining liability (who is at fault), very serious injuries resulting in substantial damages, extensive, continued medical treatment making it difficult to assess your case’s value, insurance company delay tactics and a crowded court system all may play a part in how long your lawsuit may take.

If you were involved in a car accident, the primary coverage for your medical bills is no fault or PIP (personal injury protection). If you sustained injuries due to a trip and fall or other accident, your medical bills would be covered by your private health insurance.

Most settlements are paid out as one lump sum, typically in the form of a check written out by the defendant to you and your lawyer. Both of you will sign the check, and the law firm will deposit it. Once the check clears, the law firm will send a check to you for your portion of the proceeds. They’ll also pay out any third party that should get a portion of the money.

However, occasionally, plaintiffs and defendants will opt for structured settlements. Personal injury cases settled this way will usually involve one portion of the settlement being sent to the plaintiff and the rest being held back, to be issued in installments later on. If you’re getting a very large settlement, this may work out well for you because it will keep you from spending the money all at once. But for smaller amounts, a structured settlement will only benefit the defendant.

A personal injury attorney can help you go up against big auto insurance companies and their team of lawyers. Your attorney already knows the personal injury laws and procedural rules and can effectively handle all the legal work for you.

He or she will act as your advocate throughout the entire case. Because an insurance company’s lawyers have the knowledge to reduce compensation and even deny the claim altogether, hiring an accident attorney is the best option for people who have sustained injuries, are faced with expensive medical bills or have experienced lost wages due to their injuries.