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FREQUENTLY ASKED QUESTIONS
WHAT IS PERSONAL INJURY LAW?
When someone is physically or emotionally injured, or their personal property is damaged, it is considered in law to be a "personal injury". The laws governing personal injury claims allow the injured party to receive compensation for damages caused by someone else's carelessness, negligence, recklessness, or intentional actions. Personal injury law is also called "tort" law. States and the Federal government have enacted tort laws for the protection of your rights. Tort actions have three elements: there must be a legal duty between the defendant (the one doing the wrong) and the plaintiff (the person injured); there must be a breach of that duty; and, damage must occur because of that breach. When all three elements take place, a compensable personal injury, or tort, has
occurred.
The laws of our society place demands on all citizens not to harm others. This means that not only should people be safe from harm, but their possessions should be safe from harm as well. Whenever someone else harms you or something that belongs to you, they become liable in tort for the damage they caused. Liability can be predicated upon intentional acts, negligence or violation of a statute. An intentional act is one designed to cause harm or injury. Typically, the person committing the act wants to harm you or someone else but in the process harms you. A negligent act occurs when someone fails to take appropriate action (or fails to act when required) and you are harmed as a result of that failure. For instance, if an angry person throws a brick through your car window, that is an intentional tort (and likely a crime). On the other hand, if a careless driver runs into your car, his or her actions constitute negligence. In the first case, the defendant wanted to cause an injury; in the second, the defendant did not want to injure you but failed to take appropriate action to prevent injury. In both cases, the defendant had a duty not to injure you or your property. The duty was breached by the intentional or negligent actions of the defendant, and damage to your person or property resulted.
HOW MUCH IS MY CASE WORTH?
Cases have value based on largely on two components of damage once liability has been established. These components include general damages and special damages. General damages are non-economic in nature and typically include pain, suffering and emotional distress. Special damages are economic in nature and may include medical expenses, loss of earnings, loss of earning capacity, property damage and out-of-pocket expenses.
Determining how much a case is worth is often difficult. There is no tried and proven formula for determine the value of one's general damages claim. This aspect of one's claim is quite individual in nature and must be assessed on a case-by-case basis. The attorneys at EISENBERG LAW FIRM have handled hundreds and hundreds of injury cases and will have a pretty good feel for the value of your general damages claim. He or she will consider such factors as your age, disability, if any, effect upon your life and lifestyle, extent and nature of medical care received, residual pain, limitations, restrictions, scarring, etc.
Determining the value of one's special damages claim is much easier and is based upon such things as the past medical expenses, cost of future care, past lost earnings, anticipated future losses based on additional time one will be away from work or, in the event of a serious injury, loss of earning capacity given that individual's inability to return to his or her usual occupation. Property damage can be assessed based on cost of repair or replacement. Often times economists and/or accountants are employed by EISENBERG LAW FIRM to assist in determining the present value of future losses.
In the end, the attorneys at EISENBERG LAW FIRM are generally able to provide their clients with at least a "range" as to the value of their case. Case value however, is often based, at least in part, on additional factors such as where your case is venued, the skill of opposing counsel, the credibility of witnesses, etc. Naturally, being experienced trial attorneys, your attorney at EISENBERG LAW FIRM will have considered these additional factors when providing you their thoughts concerning the value of your case.
WHAT HAPPENS FIRST?
The process starts with your describing to one of our experienced personal injury attorneys the details of what occurred and what injuries you suffered. This initial contact may be in- person or telephonic. The facts you provide are analyzed to determine whether you have a case and if it is worth pursuing.
WHAT HAPPENS NEXT?
If we determine your claim viable, you would then meet with the attorney assigned to manage your case. This in-person meeting may be at your home, our offices, or where you are hospitalized or being cared for. We will go over the merits of your case and explain the legal process. We willl also answer any questions you may have at that time. This meeting will result in the formal establishment of the attorney/client relationship.
WILL I HAVE TO PAY?
Not directly. At EISENBERG LAW FIRM, your personal injury claim is handled on a contingency fee basis. There are no up front costs or fees with us.
WHAT IS A CONTINGENCY FEE?
EISENBERG LAW FIRM collects a contingency fee only if and when a monetary settlement or verdict has been achieved on your behalf. If no award is obtained, we do not collect a fee. Our contingency fee is in line with other top-quality lawyers who handle serious personal injury matters.
HOW LONG DOES THE LEGAL PROCESS TAKE?
This is often hard to estimate however, there are times and circumstances where a quick resolution may be reached. In most instances however, the time to settlement or verdict is usually significant, up to 1-2 years. You should never count on a monetary settlement from a lawsuit as an immediate source of income.
WHY SHOULD I WORK WITH THE INJURY RESOURCE CENTER AT EISENBERG LAW FIRM?
Because we are experienced personal injury lawyers with a proven track record of aggressively pursuing and obtaining justice for our clients. We sincerely care about our clients and provide them with the highest standard of legal services without compromising our personal or professional ethics or integrity. We are committed to helping our clients access the resources to recover physically, emotionally, mentally and economically from the consequences of their injuries. We speak honestly and frankly with our clients and tell them the truth about what we can and cannot do to help them. We devote ourselves fully to each client's case and never take on more cases than we can handle. We know the law and how to apply it for our clients' best interests. We will not �sell our clients out' by accepting "low ball" settlements offers from insurance companies or opposing attorneys in order to effectuate a quick settlement. Our lawyers are well known for their dedication to obtaining "full value" settlements for our clients.
WHAT SHOULD I EXPECT MY PERSONAL INJURY ATTORNEY TO DO FOR ME?
Most importantly, your personal injury attorney should be your "champion", the one who will fight for you, be your voice in legal matters and an aggressive, effective and tenacious advocate in the pursuit of your rights.
Your attorney should educate you about your rights, the legal basis of your claim and provide you an estimate of the damages you may be able to recover. Your attorney should keep you informed of the status of your case and be available to you to respond to any questions you may have.
WHY SHOULD I HIRE AN ATTORNEY TO ASSIST ME IN RESOLVING MY PERSONAL INJURY CLAIM?
An experienced personal injury attorney will likely obtain a higher net settlement for you than you could obtain on your own. Further, he or she will serve as your guide through the legal process insuring your rights are at all times protected.
An insurance industry research institution studied personal injury claims processed by the injured person alone, verses personal injury claims handled by attorneys. They determined that those represented by attorneys had a higher net recovery to themselves (more money in their pocket after attorney's fees and costs) than those without attorneys.
HOW DOES YOUR LAW FIRM CHARGE ATTORNEYS FEES?
We only work on a contingency fee, meaning that if we do not win, we do not get paid. Injury victims cannot afford to pay an attorney by the hour.
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