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1.
Why do I need a lawyer when the insurance company already
fixed my car?
Insurance
companies have very little "wiggle room" when
it comes to repairing your car. If the accident was
their insurer's fault, the damage to the car is evident
to anyone with good vision. Bodily injuries are a different
matter. Most people sustain injuries that juries cannot
see with their eyes. This allows the insurance company
to argue that the injuries may be due to the aging process,
or were pre-existing because of prior accidents to the
effected body part. Worse yet, the insurance company
may say that you really were not hurt at all and that
you lied to your doctor just so you could collect money!
2. What if the insurance company says they will pay
my medical bills?
Indiana law
provides for an injured person to be compensated or
made whole by the responsible party. Obviously, the
extent of compensation will vary depending on the specific
facts of a case. In many cases, however, full compensation
may include elements of damage other than payment of
medical bills, such as payment for pain and suffering,
mental anguish, loss of ability to enjoy life, lost
wages and diminished earning capacity. This is why early
consultation with a lawyer experienced in personal injury
cases can help you obtain the maximum recovery allowed
by the law.
3.
I'm not the "suing" type. Is there any way
my claim can be resolved without actually filing a lawsuit?
You should know that the vast majority of personal
injury claims are resolved before a jury reaches a verdict
at trial. Many cases are settled even before a lawsuit
must be filed. The ultimate decision about whether to
file a lawsuit at all is the client's. At Vegter &
Vegter we are committed to helping our clients reach
a satisfactory conclusion to their claim, whether by
a lawsuit and trial, or by some alternative means. Our
lawyers are experienced in alternative dispute resolution
procedures, such as mediation and arbitration, that
can avoid the need to file a lawsuit altogether. In
all cases, we take the time to explain to our clients
the alternatives available, including the risks and
advantages of each, so that our clients can make an
informed decision that is best for his or her individual
circumstances.
4. What should I look for in choosing a lawyer to
represent me?
Before hiring a lawyer, you should research the law
firm and lawyers you are considering to represent you.
Ask for information about the lawyer's education, training
and experience, and ask the lawyer to tell you about
his/her experience in dealing with cases similar to
yours. Ask about the lawyer's trial and courtroom experience,
and assure yourself that if your case goes to trial,
your lawyer has the knowledge and experience to take
you there. Ask the lawyer to go over the attorney's
fee contract with you in detail, and be sure you understand
how the lawyer's fees and costs will be paid at the
end of the case.
5. How can I afford a lawyer?
Most trial lawyers are willing to handle personal injury
cases on a contingency fee basis. This means that the
lawyer will not charge you a fee for his time unless
there is a recovery. If a recovery is made, then the
attorney's fee is based on an agreed percentage of the
gross amount recovered. The lawyers at Vegter &
Vegter charge contingency fees in accordance with the
Indiana Supreme Court guidelines. The contingent attorney's
fee does not include the costs of pursuing a claim,
which may range from just a few hundred dollars to tens
or even hundreds of thousands of dollars. These costs
are payable separately, and not as a part of the contingent
fee. Although many law firms may require you to pay
these costs in advance, at Vegter & Vegter we understand
that the consequences of an injury make it difficult,
if not impossible, for our clients to advance the costs
of a case. In most cases, we pay the costs, and simply
ask to be reimbursed at the conclusion of a case when
your recovery is received.
6. Will I have to put up any money to get started?
Typically, no. The majority of cases we handle involve
a contingency fee contract. That means we do not get
paid unless and until our client makes a recovery. In
some unique circumstances, we will represent a client
on an hourly-fee basis, if the case calls for such an
arrangement. In either case, the fee and cost agreement
you have with our firm will be explained to you in detail
before we begin pursuit of your claim.
7. Isn't it expensive to pursue a claim involving
serious injuries, medical malpractice, or a defective
product? Who pays for the out-of-pocket expenses to
prosecute my case?
Indeed, it can be very expensive to pursue claims involving
serious injuries, medical malpractice and defective
products. It is not uncommon for the costs in such cases
to exceed many tens of thousand dollars. At Vegter &
Vegter we understand that the expenses of pursuing significant
cases can be substantial. Accordingly, we have positioned
ourselves to be able to advance the costs necessary
to prepare cases properly for trial. Ultimately, out-of-pocket
expenses are a client's responsibility in a successfully-concluded
case. While a case is pending, we generally advance
the expenses incurred during our representation. If
and when the case reaches a successful conclusion, the
costs we have expended are returned to us out of your
recovery.
8. What is my case worth?
Every case is unique. Before an accurate determination
of the value of your personal injury case can be made,
your doctors must have determined that you have reached
maximum medical improvement, and we must have a thorough
understanding of your course of medical treatment, your
current condition and your future prognosis. Additionally,
we must have had an opportunity to completely investigate
the details of the accident, and analyze the impact
that the accident has had on your wage-earning ability
and on your lifestyle. Only then can an experienced
and knowledgeable personal injury attorney accurately
determine the value of your case. You should be wary
of any law firm that purports to put a specific value
on your claim before having an opportunity to learn
all of the relevant facts and determine the impact that
the accident will have on your future.
9.
My friend knows a lawyer that drafted a will for him
several years ago. Why can't that lawyer represent me
in my personal injury case?
Personal injury claims are often brought against
parties who are represented by adjusters and defense
lawyers hired by insurance companies. Every insurance
company works hard to keep its losses as low as possible,
and they do that by aggressively defending claims. You
can expect that your opposition will be represented
by an attorney with a great deal of experience in personal
injury defense. You should hire a lawyer with experience
in pursuing personal injury claims, who can best protect
your interests.
10. Will my case go to trial if we do have to file suit?
It
is well-documented that most lawsuits that are filed
are settled before trial. Regardless, we prepare every
case as if it might ultimately be decided by a jury.
We believe in being prepared in the event an agreement
between the parties cannot be reached. At the same time,
our philosophy is to aggressively pursue resolution
of claims at all stages in the case, so that the process
does not become unduly difficult, burdensome, or expensive
for our clients, and so that we obtain the best results
possible.
11. I've heard that jury awards are more conservative
than they used to be, and that the large verdicts I
read about in the newspaper are unusual. Is this true?
Studies show that verdict trends have moved in a more
conservative direction over the past several years,
both with respect to the probability of a verdict in
the plaintiff's favor and the amount of damages awarded.
The popular media focus on the unusual verdicts, and
tend to sensationalize jury awards that are exceptional.
Do not be misled into thinking that juries routinely
award large amounts of money for personal injury claims.
The results in any case depend on its particular facts
and the effectiveness of your legal representation.
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