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Frequently Asked Questions

What is Personal Injury?

“Personal injury” is the type of law we focus on at Crosley Law Firm. It is a specific area of legal practice and a broad term that means any kind of accident or occurrence resulting from the negligence or wrongdoing of others that leads to bodily injury. Many personal injury questions can be answered with a few examples of personal injury:

  • Brain injury
  • Car, truck (including 18-wheeler), motorcycle, bicycle, plane, and helicopter accidents
  • Birth injury
  • Wrongful death
  • Product liability (injury from any defective product)
  • Medical malpractice
  • Bad medication
  • Mesothelioma (asbestos)
  • Injury from defective medicines/prescriptions
  • Military malpractice

Our practice area pages have more in-depth explanations about the personal injury cases we usually handle. If you believe you have been personally injured by another party, contact us right away!

Do I have a Personal Injury Case? If So, How much is it Worth?

If you have been injured as a result of the negligence or wrongdoing of another, under the law you may be entitled to compensation for past and future out-of-pocket damages, including medical expenses, loss of wages, and/or loss of earning capacity. You may also be entitled to reasonable and fair compensation for what the law calls “general damages,” which include such things as pain and suffering, disability, disfigurement, and loss of enjoyment in life.

In assessing whether you have a case and its value, some factors to be considered include the nature and extent of the injuries, the degree of pain and/or emotional suffering, your degree of disability, and the length of time that and extent to which the injury will affect your life. Our firm’s attorneys are experienced at evaluating cases and their estimated value. To have your case reviewed for free by one of our attorneys, contact us today!

Will The Crosley Law Firm Take My Case?

Our practice is devoted exclusively to representing Plaintiffs in a variety of personal injury claims. We carefully and comprehensively evaluate each case individually. We are happy to review your case for free and quickly let you know whether we are able to take your case. Call our office or submit a free online case review on our website.

What are Contingent Fee Cases? Does the Crosley Law Firm take these Types of Cases?

As a general rule, accident and personal injury litigation (which is what we specialize in at Crosley Law Firm) is frequently handled on a “contingent fee” basis. A contingent fee arrangement is a method that allows individuals who have been injured or who are seeking personal injury damages (such as those resulting from an auto accident or a medical malpractice case) to obtain legal representation, even if they do not have money to pay for a lawyer at the outset of a case.

Crosley Law Firm takes all qualified cases on a contingent fee basis. This means we advance all expenses and costs of the law suit. You do not pay legal fees until and unless we settle or win your case in court. Once your case is paid out by award or settlement, attorney’s fees are deducted and then client expenses and costs are deducted. The balance of the award or settlement goes to you, the client.

What are the Crosley Law Firm’s Attorneys’ Fees?

If we accept your case, our law firm will represent you on a contingent fee basis (explained above). Our typical fees range from 25-40 % of the total recovery we obtain by settlement or verdict. Often, the fee range is dependent on the complexity and type of case and whether or not a lawsuit must be filed in your case. Fee structure is agreed upon prior to our firm taking your case. If you would like further information on our fee structure, feel free to contact us by phone or e-mail.

What about Costs . . . . Does the Crosley Law Firm Pay Them?

Costs are separate from attorneys’ fees. When we accept your case, we will advance all costs required to bring your case to a successful conclusion. This includes items such as travel expenses, obtaining and reviewing medical records, investigation and deposition expenses, filing fees, and other expenses associated with trial preparation and court costs.

When required, it may also include expenses for expert witnesses (e.g. doctors, engineers, specialists, etc). Our law firm uses some of the most experienced experts to help give our clients the best opportunity for successful resolution of their case. These experts can be expensive at times, so we like to keep our clients informed when we hire experts and if we will incur major expenses on their case.

Crosley Law Firm takes all qualified cases on a contingent fee basis. This means we advance all expenses and costs of the law suit. You do not pay legal fees until and unless we settle or win your case in court. Once your case is paid out by award or settlement, attorney’s fees are deducted and then client expenses and costs are deducted. The balance of the award or settlement goes to you, the client.

Will The Crosley Law Firm talk to me about my Case for Free?

Yes! If you want to talk to one of our lawyers about a case, please do not hesitate to call our office. After you have answered a few basic questions with one of our staff members, one of our attorneys will be happy to discuss your case for free, either on the telephone or in our office. Generally, it will take only fifteen to thirty minutes for us to decide whether or not we can help you. You can also submit a free online case review on our website.

If the Crosley Law Firm Takes my Case, What Next?

One of our goals is to make the entire legal process as easy as possible for you. After we agree to take your case, we will immediately take action to protect your interests in the case.

This may include contacting any insurance companies and other parties to notify them that we represent you and to request that they direct further communications about your case to us. You will be protected from their attempts to obtain recorded statements or obtain private information about you and your medical history without contacting us first.

We will immediately preserve any evidence in your case and obtain information from key witnesses. The timing of this is important since witnesses may forget significant facts, move, or pass away. Obtaining and preserving evidence immediately can, at times, be the difference between a successful and unsuccessful result in a case.

Once we obtain facts and evidence regarding your case and determine the nature and extent of your injuries and all relevant damages, we will generate a demand and present it to the at-fault party and their insurance company. The demand is an extensive summary of the evidence, including facts of the case, analysis of the applicable law, a summary of all past and future out-of-pocket losses, and an analysis of all past and future damages for pain and suffering, loss of enjoyment of life, disability, and disfigurement. The demand is supported by relevant medical records, medical bills, witness statements, and expert opinions. The demand is essentially an in-depth overview of your case and an offer for settlement for a dollar amount that you and our attorneys agree to in advance based on the factors and nature of your case.

A thoroughly prepared demand package is the best way to avoid litigation and promptly settle a case. In fact, the majority of our cases settle at this stage, prior to a lawsuit ever being filed. For those cases where it is necessary to go further in order to obtain justice for our clients, the next step is to file an actual lawsuit.

How Do I Choose a Personal Injury Attorney?

The first thing to consider when selecting an attorney is the attorney’s level of success handling difficult and complex personal injury cases. An attorney with a “general practice” typically does not have the experience or expertise to handle a serious personal injury case. You are best off with a lawyer that devotes their practice to representing personal injury plaintiffs.

Essentially, you need an attorney that can competently handle your case. If your case involves significant damages and complex issues, it will require extensive time, energy, and resources to bring to court. Make sure your attorney is prepared to and can handle your case.

Another important consideration is your comfort level – you should feel comfortable with your attorney and the law firm’s staff. You should feel a high level of trust that your lawyer is the type of person who will listen to and be available for you. You need to feel as though your case is as important to your attorney as it is to you! A lawyer that is not committed to your case is not going to get the best results for you.

At Crosley Law Firm, we accept personal injury cases ONLY and our dedication to our clients’ interests is unparalleled. We have the experience, expertise, and resources to achieve desired results. At the same time, we have compassion for our clients and a passion for pursuing justice on their behalf. Our proven track record speaks for itself, so contact us today!

How Does the Litigation Process Work?

Litigation begins when a lawsuit is filed and defendants are served with a summons and complaint. A complaint is a legal document that summarizes the plaintiff’s (the injured person’s) claims against the defendants. Each defendant is then required to file an answer to the complaint.

The next step in the litigation process is called “discovery.” During discovery, both sides use formal procedures to obtain information from each other. These procedures include written questions or requests to produce documents and other relevant information. Witnesses may also be placed under oath and asked questions before a court reporter who documents the interview in a deposition.

After both sides have completed the discovery phase, they are ready to try the case in a court of law. Prior to the actual trial of the case, however, the parties typically try to settle the case through a process called mediation. If a case is well prepared, it usually will settle at this stage without ever having to go to trial.

Should I Talk to the At-Fault Party’s Insurance Company?

We recommend that you DO NOT speak to the at-fault party’s insurance company or sign any documents they present you unless you have first consulted with your attorney. Insurance companies make their money by paying out the least amount possible for claims.

“Friendly” insurance adjusters are well-trained investigators that seek to obtain information that may very well damage or hinder your case. Unfortunately, these adjusters often misrepresent the truth and the law to unsuspecting accident victims.

DO NOT provide insurance companies with any information or sign any documents without first consulting Crosley Law Firm or a qualified attorney.

How long will my personal injury claim last?

The average is about 18 months from start to finish. If the case can be settled without filing suit, that can result in a case settling in 6 months to 12 months. If the case goes into a lawsuit, it might take 12 months to 24 months. I have had a case that only took three weeks to handle, and I’ve had other cases that took over 4 years to handle, but the data shows the average is about 18 months.

What are the variables that make some cases take longer and other cases take less? One is if the client has got complicated medical issues that require ongoing medical care. For example, most lawyers don’t want to settle an important case until they know with some degree of certainty how bad the medical injuries are, or what the future medical treatment is going to be. If a client is still going to the doctor and there’s not a final prognosis that’s been given by the doctor, then the lawyer is going to wait and settle that case until after the doctor gives a final opinion.

Other things that may slow a case down are if there are multiple parties to the lawsuit. For example, if you have an airbag defect case and you’ve sued the vehicle manufacturer, the maker of some of the airbag components, and the driver of the other car, you can see how there might be multiple defendants. When you get lots of people involved in the lawsuit, it can complicate things and drag things out. However, the average remains 18 months.

Do Injury Claims Always Go to Court?

No. In our experience, about 8 out of 10 injury claims settle without needing to file a lawsuit or go through the court process. Furthermore, most of the cases that do go to court are settled before reaching a jury trial. 

Both sides can agree to a settlement at any point of the process, right up until the start of trial. During the pre-trial process, both sides share evidence, talk to witnesses, and prepare their cases for a potential trial. Quite often, the new information revealed during these steps will lead to an agreement. 

While most cases do settle, it’s still important to hire an attorney with trial experience. One, because some cases do end up in trial. And two, because an attorney who has proven they are willing and able to win cases at trial will be in a better position to negotiate a fair settlement. 

If I Signed a Waiver Can I Still Sue? 

If you signed a waiver and then were injured by someone else’s negligence, it is possible that you still have a case. It depends on the facts. If you find yourself in this situation, we highly suggest that you seek experienced legal counsel to discuss whether your situation qualifies for one of the exceptions to the validity of the waiver. 

For example, pre-injury waivers concerning minor children are usually not enforceable. For adults, if the waiver was ambiguous about what conduct you were granting a waiver for, the waiver may not be enforceable. 

Never assume that you don’t have a case just because you signed a waiver. 

RELATED: I Signed a Waiver – Do I Have any Legal Rights if I Got Injured? 

Do you or a family member
need legal advice?

Crosley Law Firm, PC is a professional corporation of trial lawyers focused on representing individuals and families who have suffered serious personal injuries or wrongful death. If you’ve been injured, fill out the form for a free consultation, or call 210-LAW-3000.

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