At Leventry, Haschak & Rodkey, LLC, we have experience with negotiating a satisfactory award and litigation of personal injury and accidents to attain a judgment in our client’s favor. Attorneys’ fees are not charged but are charged on a contingency fee basis, which is a percentage of the final settlement. Even though we do not charge anything for the work performed on such cases, the client is responsible for any costs, such as requests for records from medical providers, police and ambulance and filing fees required by the court. These costs will need to be paid either as a retainer or upon request.
Personal Injury and Accident cases are a part of civil litigation focused on obtaining compensation for physical and/or mental injury and/or damages to personal property, such as: a motorized vehicle residence or any other possession through the careless, thoughtless, negligent, willful and/or intentional acts of another person or entity. Such incidents consist of, but are not limited to:
- traffic collisions
- wrongful death
- poor construction causing injuries
- inadequate maintenance of sidewalks
- roads resulting in accidents
HOW PERSONAL INJURY CASES TYPICALLY WORK:
First, attempts to obtain an acceptable resolution with the tortfeasor (the person(s) or entity(ies) liable for the injury or damages) are made by communicating with the other party’s representative, either an insurance company or attorney. In the meantime, supporting documentation, depending on the case, is acquired, such as medical records, accident reports from the police, and estimates from repair persons. A demand letter is prepared with a description of the case, the injuries and damages sustained, and the demand for compensation for any wages lost and expenses incurred resulting from the episode. Typically, negotiations eventually end with this part.
If the representative of the other party is not amenable to offer a settlement, the case proceeds to litigation. Like any civil action, a Complaint is filed by the injured party and an Answer is filed by the responding party. Discovery requests are issued from both sides seeking both answers to questions and documents, either hoping the information will support their case. Then, once all pleadings are filed the case proceeds to trial and both sides present their case, either to a judge or a jury, depending on which the suing party believes is better for its cause. It is not unheard of for a settlement to be offered and accepted at any time prior to the rendering of a verdict.
Once the verdict is issued, and either party disagrees with the decision, the case may be appealed, and the process repeats its, with the exception of the filing of a complaint and answer.