FAQ

We’ve been practicing law and representing damaged and injured businesses and individuals nationwide in individual cases, class actions, and mass actions for 35+ years. But we don’t represent insurance companies. Never have. Never will. We have recovered millions of dollars for our clients, and have the experience, expertise, and resources to go the distance for you.

All lawyers are not created equal. We know what we’re doing. No one will out-prepare us or out-work us. We’re old school lawyers who promptly return phone calls and respond to emails. Click HERE for more information about our backgrounds, experience, and how we take care of business.     

We don’t. If we take your case, you will never receive a bill from us because we don’t charge by the hour. We only represent our clients on a contingent fee basis. There is no out-of-pocket cost to you. We don’t get paid unless you get paid.

A contingent attorney’s fee is paid to a lawyer for services rendered only if the lawsuit is successful—either at trial, mediation, or via a favorable settlement. A contingent attorney’s fee usually takes the form of a percentage of the amount of cash and non-cash compensation recovered for the client. If we take your case, we will receive a percentage of your recovery as our fee. But if we don’t obtain compensation for your damages or injuries, you will not owe us a dime for attorneys’ fees.

Litigating a case against defense lawyers who bill by the hour and have no incentive but to overwork the case is not cheap. Depending on the case, taking depositions, obtaining relevant documents and other evidence, and hiring expert witnesses, for example, is expensive. If we take your case, we will advance all case expenses on your behalf, so there is no out-of-pocket cost to you. And if we successfully obtain compensation for your damages or injuries, we will be reimbursed for the case expenses we paid for you out of your share of the recovery. But if we don’t obtain compensation for your damages or injuries, you will also not owe us a dime for case expenses.

Here’s an example. Assume our attorney’s fee percentage is 40%, we paid $50,000 of case expenses on your behalf, and we obtained a $1 million settlement for you. In this case, we would receive a $400,000 attorney’s fee. And out of your share of the recovery, we also would be reimbursed for the $50,000 of case expenses we paid for you. Thus, out of the $1 million settlement, we would receive a total of $450,000 and you would receive $550,000. But if we obtained $0 for you, we would eat the $50,000 of case expenses we paid for you, and you would not owe us a dime.

In all truth—probably. On rare occasions, negligent parties and their insurance companies will settle early without having to file a lawsuit. But that only happens if you hire a lawyer that they know has the experience, expertise, resources, and willingness to try your case to a jury. And we’re those lawyers.     

Yes. But it varies. Each state has its own statute of limitations that sets the deadline by which a lawsuit must be filed. If you miss the filing deadline, your claims will be barred forever. Typically, the filing deadline is between one and four years from the date you were damaged or injured—depending on the state and type of claim. Some states also have claim notification rules and/or longer filing deadlines. The law of the state in which you were damaged or injured generally sets the lawsuit filing deadline. This is a good example of why it’s always smart to hire a lawyer, rather than representing yourself.    

Although the law varies by state, if a loved one dies because of the negligence of a company or another person, there typically are two actions available to those left behind: a wrongful death claim and a survival claim.

A wrongful death claim seeks compensation for the survivors of the decedent, and may typically be brought by the decedent’s spouse, children, and/or parents. The types of damages recoverable include loss of income, loss of companionship, loss of consortium, mental anguish, etc.

A survival claim, on the other hand, seeks compensation for the pain and suffering experienced by the decedent from the time of injury until the time of death, as well as any corresponding lost wages, medical expenses, funeral expenses, and/or property damages. Survival actions may be filed by the executor or administrator of the decedent’s estate, and any recovery becomes part of the estate.

Good question. The value of your claim is a complex determination based on several factors, including the type of case, the facts of your case, the legal claim(s) that apply, the nature and extent of your damages, the expertise and reputation of the lawyer you hire,  the evidence gathered and presented to the court, the law of the state in which you were damaged or injured, and the types and amounts of damages historically awarded by juries in the court in which your case is filed.

The types of damages recoverable will vary by state and the type of case, and may include lost profits, property damages, reputation damages, lost wages, lost employee benefits, damage to the ability to earn money in the future, loss of time, household expenses, medical and hospital expenses, home and vehicle modification (such as adding a wheelchair ramp, etc.) and other out-of-pocket expenses, permanent injury and disability, physical pain and suffering, physical impairment, mental and emotional pain and suffering, inconvenience, emotional stress, impairment of the quality of life, loss of consortium, loss of affection, loss of lifestyle, and/or loss of the enjoyment of life.

Rest assured that if we take your case, we will work hard to recover every penny you deserve.

If we take your case, you will work directly with us from beginning to end—with the assistance of our legal assistants. We will not refer your case to another lawyer. If you hire us, you get us.

Each lawsuit is unique and has a life of its own. Good lawyers, therefore, must be strategic, creative, and able to customize their approach to fit the needs of the case. That said, most lawsuits consist of the following steps:

• Lawyer hired; defendant(s) researched; initial evidence gathered and preserved; facts evaluated; law analyzed.
• Settlement demand letter sent to the defendant.
• If the settlement demand is rejected, plaintiff’s complaint is drafted, filed, and served on defendant, thereby formally starting the lawsuit.
• Defendant answers the complaint, and the lawsuit is fully engaged.
• Defendant files motion to dismiss the case to make the case go away early.
• If the judge denies the motion to dismiss, discovery is conducted by the parties to finish gathering the evidence; discovery may consist of interrogatories (sworn written questions), requests for production of relevant documents, requests for admissions, and depositions of the parties, third-party witnesses, and experts.
• Defendant files motion for summary judgment in a second attempt to make the case go away.
• If the summary judgment motion is denied, most judges will require the parties to mediate the case before setting a trial date.
• If the mediation is not successful, the case is tried (usually to a jury).
• Post-trial motions and appeal depending on the outcome of the trial.    

Unfortunately, it takes time to complete these steps. Litigation is not a quick process. Class actions add even more complexity. Depending on the court and the number of its pending cases, most cases take at least two years to get to trial—and generally longer. Of course, the parties, on their own, may voluntarily mediate or settle at any point on the case timeline.

Yes. Although it varies by case, you typically will have to go to court to attend trial—unless, of course, your case is resolved beforehand.

Never speak with a representative of the insurance company for the other guy. He or she is not your friend and does not have your best interests at heart. But it’s OK to speak with your own medical insurance company representative about your injuries, but not about the facts of the case itself. Speak only with your lawyer about the facts of your case.       

No. Never. Resist the temptation. Keep your powder dry. You should only discuss the facts of your case and your damages and injuries with your lawyer. Your personal business does not need to be a matter of public record. No one else really cares. And it will only hurt your case in the long run when the defense lawyer uses your social media posts against you.