What We Do
Helping Navigate the Legal Process to Obtain Reasonable Compensation
Many lawyers talk about fighting hard to win their clients’ cases. We get that, because winning sounds better than losing. However, a win can never be guaranteed, no matter how hard you fight, because there are so many things outside anyone’s ability to control.
Most clients want three simple things: To be treated fairly with respect; to be competently navigated through the legal process; and to obtain reasonable and just compensation for their injuries and damages.
The Real Truth: No One Really Wants to Go to Court
A jury trial can be thrilling for most trial lawyers, at least when they prevail for their clients. However, we can’t recall one client who prevailed who would not have preferred avoiding the stress, considerable time and risk to litigate their case through a jury trial. Usually, they simply were compelled to go to trial because there was a major disagreement about either who was responsible or how badly they were hurt. And, when they went to court, sometimes the jury agreed with them, and sometimes they did not. It is really that simple looking at the big picture. But, this winner-take-all process is not always necessary. Instead, there often is a win-win scenario that the parties should seek, because juries can be unpredictable and, once again, no one can control the ultimate outcome.
How We Help Our Clients Avoid Unnecessary or Premature Litigation
One of our core beliefs is that reasonable minds do not differ. In a nutshell, we believe that most folks are reasonably fair to all parties when they can consider the important evidence and sense that it can be trusted. We also earnestly believe that we should be seeking the truth – not personal reward or greatness – when it comes to developing evidence in support of our clients’ claims. Furthermore, we explain to our clients that our goal is to seek reasonable compensation for them, and that if they are seeking to win the lottery, so to speak, especially if by any means possible, then we are not the firm to hire.
Our above philosophy starts with the attorney-client relationship, moves to our relationship with the liability insurance company and, if a lawsuit is compelled to be filed, we likewise demonstrate it to the defense attorney.
In light of the above, we have a reputation with insurance companies and the defense bar for producing comprehensive and credible evidence in support of our clients’ claims, while engaging in reasonable and proper efforts to protect our clients’ rights.
The Importance of Comprehensive and Credible Claim Documentation
Liability insurance companies reviewing personal injury claims always consider whether a potential jury will determine that their insured is responsible or not for the claimant’s injuries. And, since they have decades of experience learning how juries tend to think, they have a good idea about how certain personal injury claims are valued by juries. However, that is not necessarily a bad thing, and with focus upon proper claim documentation it actually can be a good thing. Liability insurance companies are in the business of covering an insured’s obligation to pay civil damages for a personal injury claim. However, they are not required to pay more than what is fair and reasonable, which usually is based on jury awards in similar cases.
Unfortunately, too many plaintiff attorneys fail to properly document their clients’ claims with reasonable and necessary information, which prevents the liability insurance carrier from being able to adequately evaluate a particular claim. For example, a claimant who alleges hurting their back in a car accident may have had a prior back surgery after which they had a certain level of chronic pain. So, the liability insurance carrier will want to know more about the claimant’s medical history to figure out what, if any, new pain has been caused by the accident. And if reasonable information is not obtained by the claimant’s attorney and shared with the liability carrier, then settlement negotiations may break down, which, in turn, may compel a lawsuit. Ironically, after the lawsuit is filed, normally the insurance company can then obtain the necessary information they desired as such typically must be produced in the litigation process.
Ultimately, most cases have challenges on some level, whether liability issues, pre-existing conditions to address that affect the nature of subsequent injuries, or simply hard-to-value damages such as pain and suffering or mental anguish. But there is a stark difference between protecting a client’s privacy and rights when warranted and simply failing to disclose what is reasonably necessary to advance a personal injury claim. We help clients avoid needless or premature litigation that can be costly, time-consuming, stressful, and often counter- productive.
Contingency Fees – A Win-Win Proposition
We engage the professional standard of accepting a contingency fee as opposed to requiring that we be paid an hourly fee for our services. A contingency fee involves paying the attorney a certain percentage of the compensation (money) a client receives if a case settles or a favorable jury verdict is obtained and reduced to a collectible judgment. One major benefit of a contingency fee is that the client does not owe an attorney fee if there is no recovery.
Our firm often agrees to advance certain expenses to develop claim documentation and for any potential litigation. Our agreement to do so considers numerous factors, including the client’s resources, the amount of anticipated expenses, and the amount of the anticipated recovery. Nevertheless, we always strive to facilitate advancing the client’s claims when we deem them to be meritorious. So, our firm often covers reasonable expenses and waits to be reimbursed at the claim’s resolution. And, on certain occasions we will make any reimbursement contingent on a recovery.
Referral Network
Although your case may not involve severe or catastrophic injuries, we otherwise may still be able to help. We have relationships with several, highly competent attorneys that may be able to accept your particular personal injury or workers’ compensation case. After we learn more about your particular matter, we might be able to help you locate and retain a competent attorney to help, which might include our continued consultation or joint-representation.