| How much will it cost to obtain a personal injury attorney? | | Back to Top | |
| There is no initial fee, including initial consultation, for our services. All of our personal injury cases are contingency fee based. That means, no fee is paid unless Timothy J. Ryan and Associates is successful in obtaining compensation for you. Then and only then, the legal fee is a percentage of the amount recovered. You will find that our recovery fee will be the same as most attorneys in your region. If your case goes to trial (most personal injury cases never go to trial) there may be additional expenses for investigators, expert-witnesses, court filing fees and securing reports and records. All these fees would be deducted from your compensated award. |
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| How do I know I have a personal injury case? | | Back to Top | |
| You, the plaintiff, must have suffered an injury to your person and/or property and your injury was caused directly by the negligence (see What is Negligence, below) of another individual, the defendant. However, it is not always necessary to have a physical injury to bring a personal injury suit. You may also have a case if someone has attacked your reputation, invaded your privacy or negligently or intentionally inflicted emotional distress upon you. |
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| What is negligence? | | Back to Top | |
| Negligence is usually defined as the doing of something, which a sensible person would not due, or the failure to do something that a sensible person would do, under circumstances similar to those shown by the evidence. It is the failure to use good judgment. If you are wondering if negligence exists in your case ask yourself the following: If a person of ordinary prudence had been in the same situation and having the same knowledge, would that person have foreseen or anticipated that someone might have been injured by or as a result of his or her action or inaction. If you answered “yes”, and if the action or inaction reasonably could have been avoided, then not to avoid it would be negligence. |
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| How long do I have to decide if I want to seek compensation for damages? | | Back to Top | |
| This is known as the “Statute of Limitations”. Each state has there own laws for the length of time you have to file. For example, the state of California only allows a person two (2) years of the date of the injury to file a claim for personal injuries and wrongful death with exceptions to public entities and children. Our law office will be glad to explain these exceptions to you. |
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| What is “Pain and Suffering”? | | Back to Top | |
| This means not only the fact you are physically hurting, but also the mental anguish you are experiencing due to the loss of enjoyment of life’s pleasures and for the emotional distress. Basically, avoiding activities that you used to do before the incident. It is usually money awarded over and above medical costs and lost wages. |
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| How much money is my case worth? | | Back to Top | |
| The amount that will fairly and adequately compensate you for your injuries will be determined by the damages sustained and is there a source of collection (insurance company, or other assets). |
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| What should I do if I was involved in vehicle accident? | | Back to Top | |
| Document the entire situation making daily notes of the effects of your injuries. Also report the accident to the DMV and do not discuss your injury or the way it happened until you have consulted with a lawyer. You should always see a doctor after an accident even if you’re not feeling pain right away. Be sure to document when you noticed the pain and your doctor visits. |
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| Will I have to take a lot of time off from work? | | Back to Top | |
| Your claim will NOT require a great amount of your time, unless it goes all the way to trial (over 90% of the cases in California are settled out of court). After the initial interview, you may be asked to come back to the office a couple of times in order to answer oral and written questions. Only if your case actually goes to trial will additional time be required. |
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| Why should I consult with a lawyer? | | Back to Top | |
| Since a consultation is free, it won't hurt to ask us if we think we can help. Remember, in order to make an intelligent decision you should know all the facts. Having worked as lawyers for many years, we have a bias against insurance companies and what they might tell you. This bias is based on our knowledge that no matter how nice insurance adjusters sound on the phone, they have one goal in mind above all others. And that is to pay you as little as possible. Insurance companies do not work for you. They rarely help you figure out your legal rights, and may not fully understand them. They rarely give you a fair assessment of the value of your case. If your injuries are significant, there are several reasons why a good lawyer can help you. When you hire a lawyer who is willing to take a case to trial, value is added to your case in a number of ways. A good lawyer will seek every category of damages that applies to your case, and find ways to support those damages with evidence that will be admissible in court. The threat of trial itself adds to your bargaining power. Make no mistake: the insurance company knows that it's almost impossible to take a case to trial on your own. |
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