Frequently Asked Compensation Questions
What happens if I fire my personal injury attorney?
If you fire your personal injury attorney prior to settling your case or obtaining a verdict, he is no longer entitled to recover the percentage you agreed on. However, the attorney can, and usually does, assert a lien for the work performed up to that date (based on time, a claim called quantum meruit), along with the costs advanced on your behalf. Typically, this is something that your new attorney will be made aware of and deal with upon the conclusion of your case.
How are personal injury attorneys paid?
Personal injury attorneys typically work on a contingency basis, meaning we only make money when you do. You will never pay us anything out of your pocket to work on your personal injury case. We assume all the risk and advance all of the costs. Once we successfully complete your case, we take an agreed upon percentage of the recovery, plus the costs that we advanced. If the case is not successful, meaning there is no recovery for you, then you owe us nothing.
Why would a person sue for compensation following an injury?
First, just because a person hires a personal injury attorney does not mean that a lawsuit will be filed. Most times, we work very hard to make a claim with the insurance company for the person who caused you injury and try to resolve the matter amicably. Favorable settlements are often reached without filing a lawsuit.
Claims are made and lawsuits are filed to right the wrongs done by others. When someone is injured through the fault of another they can bring a claim and sue for damages. These damages can include medical bills and lost wages, both in the past and in the future, pain, suffering, mental anguish, loss of capacity for the enjoyment of life and scarring. Personal injury lawsuits are designed to make up for the harms and losses suffered.
We say that the damages are meant to make the injured person whole again. But unfortunately, we cannot undo what was done. We cannot restore your health or bring back a loved one, but we can strive to obtain money for each of those elements of damages to make up for what was done. Lawsuits are filed when the at-fault party or the insurance company fails or refuses to do that. You, the client, of course make the decision on whether to accept a settlement offer or to file a lawsuit.