If you were injured and are considering whether to speak with an attorney, these are some of the questions people most commonly have before making that call. If you don’t find what you’re looking for here, contact Weigand Law at 508-775-3118 or [email protected] for a free consultation.
Before You Call
How do I know if I have a case worth pursuing?
The short answer is that you won’t know for certain until an attorney reviews the facts. The basic question in any personal injury case is whether someone else’s negligence caused your injury and whether you suffered real damages as a result. If the answer to both is yes, you likely have a claim worth exploring. The severity of your injury, the clarity of the other party’s fault, and the availability of insurance or assets to collect from all affect how strong and valuable a case is. A free consultation costs you nothing and gives you a clearer picture of where you stand.
What happens during a free consultation?
You describe what happened, when it happened, what injuries you suffered, and what medical treatment you have received or are receiving. The attorney will ask follow-up questions to understand the circumstances, assess whether there is a viable claim, identify who may be responsible, and explain your options. You are under no obligation to hire anyone after a consultation. The purpose is to give you the information you need to make an informed decision.
Can I handle my own personal injury claim without an attorney?
Technically yes, but it is rarely in your interest. Insurance companies have experienced adjusters and attorneys whose job is to minimize what they pay out. An unrepresented claimant is at a significant disadvantage in evaluating what their claim is worth, negotiating effectively, and navigating the legal process. Studies consistently show that represented claimants recover more on average even after attorney fees than unrepresented claimants recover on their own. For serious injuries in particular, the gap can be substantial.
What should I have ready when I contact an attorney?
As much as you can gather: the date, time, and location of the incident, a description of what happened, the names and contact information of any witnesses, photos of the scene or your injuries if you have them, any police or incident reports that were filed, and records of any medical treatment you have received. You do not need all of this to make the initial call. An attorney can work with whatever you have and help you obtain additional records as needed.
About the Process
How long does a personal injury case take to resolve?
It depends significantly on the complexity of the case, the severity of the injuries, and whether the matter settles or goes to trial. Straightforward cases with clear liability and defined injuries can sometimes settle within several months. Cases involving serious injuries, disputed liability, or uncooperative insurers can take one to three years or longer. One important consideration is that you generally should not settle until your medical condition has stabilized, so that your damages can be accurately assessed.
Will my case go to trial?
Most personal injury cases in Massachusetts settle before trial. However, whether your case settles or proceeds to court depends on the facts, the insurer’s position, and the strength of your claim. Cases do go to trial when the parties cannot reach a fair agreement, and having an attorney who is prepared and willing to litigate is often what motivates a reasonable settlement offer in the first place.
What if I waited a while before seeing a doctor?
A gap between the incident and your first medical visit can complicate your claim because insurance companies will argue that your injuries are not as serious as you claim or were caused by something else. This does not necessarily sink your case, but it is a challenge your attorney will need to address. If you have not yet seen a doctor and time has passed since your injury, seek treatment now and be honest with your provider about when the injury occurred and why you delayed.
What if the person who injured me has no insurance or no money?
This depends on the type of case. In car accident cases, your own uninsured motorist coverage may provide compensation if the at-fault driver has no insurance. In other cases, there may be additional parties who bear some responsibility, such as a property owner, an employer, or a product manufacturer. In some situations the practical reality is that even a valid claim cannot be collected on if the defendant has no assets and no insurance. An attorney can help you identify all available sources of recovery before you invest time in a claim.
About Fees and Costs
How does a contingency fee work?
On a contingency fee basis, you pay no attorney fees upfront. The attorney’s fee is a percentage of whatever you recover at settlement or verdict. If you recover nothing, you owe no attorney fee. The percentage and any cost arrangements should be clearly explained in your retainer agreement before you sign. Contingency fees make experienced legal representation accessible to people who could not otherwise afford to pay hourly rates.
Are there other costs besides the attorney fee?
In addition to attorney fees, personal injury cases can involve costs such as obtaining medical records, filing fees, expert witness fees, and deposition costs. How these are handled varies by firm and should be discussed at the outset. In many cases these costs are advanced by the firm and reimbursed from the recovery at the end of the case.
What if I don’t recover anything?
On a contingency fee arrangement, if there is no recovery there is no attorney fee. The specific terms of any cost arrangements if the case does not result in a recovery should be clarified in your retainer agreement.