PERSONAL INJURY CAN HAPPEN ANYWHERE And suddenly …your whole life is changed™

Personal injury accidents can happen on the job, during your recreation activities, while riding in a car. It can be the result of the negligence of others, a product that malfunctions, or professional malpractice. And it may affect your entire life, as well as your families. In most cases the other party will be represented by an experienced lawyer or insurance claims adjuster. This is a time when you need good professional legal advice.

How can you Afford Good Professional Legal Advice?
Personal injury cases are accepted on an hourly fee or on a contingency fee basis.

A contingent fee is a fee paid for legal services performed by an attorney if, and only if, some recovery is made through the attorney’s efforts. If no recovery is made for the client, the attorney is not entitled to any fee whatsoever, no matter how much time and effort the attorney may have put forth in a vigorously contested lawsuit. The attorney is only entitled to any expenses or disbursements advanced by the law firm.

Are Contingent Fees Proper and Sanctioned?
Contingent fees are clearly ethical and proper. They are sanctioned by the code of professional responsibility adopted by the Supreme Court of Wisconsin. Contingent fees are approved because they often provide the only practical means by which one having a claim against another can economically afford, finance and obtain the services of a competent attorney.

The ability of a client to pay for an attorney’s services without entering into a contingent fee arrangement should be considered. It is the responsibility of the attorney to discuss alternate fee arrangements available. If the client prefers and is able to assure payment of the fee, the attorney may enter into a different fee arrangement.

Should Contingent Fee Contracts be in Writing?
The relationship between an attorney and his or her client is a serious, vital and solemn one. The State Bar requires that, in all matters where the attorney fee is to be paid under contingent fee arrangement, the agreement is to be put in writing by the client at the outset of the matter.

How are Contingent Fees Calculated?
Contingent fees are usually calculated as a percentage of the net amount recovered as damages.
Net amount recovered (or net recovery) is the total amount actually collected (including all payments, awards, interest and costs) less the legal expenses (i.e. expenses incurred or authorized by the attorney related to the investigation, development, evaluation and prosecution of the claim, including expert witness fees).

In the event of no recovery, the attorney is not entitled to any fee. However, the client must pay all expenses, including the reimbursement of the attorney for all of the actual cost and disbursements, if any, advanced by the law firm.

In General, How is a Personal Injury Case handled?
In your initial interview your attorney will gather some basic information regarding your case, obtain certain authorizations which will allow the office to obtain other necessary information and will acquaint you with general office procedure in these matters. After the initial conference, the personal injury case might easily be broken down into three stages:

Stage One: Investigation - Information Gathering.
Your attorney will notify the other party’s insurance company that you have retained Counsel. Letters will be sent to all physicians and hospitals involved in the case requesting medical information regarding injuries. Any police officers who may have been involved will be interviewed. Witnesses will be contacted. Photographs will be taken. Any necessary information from the director of Internal Revenue, employers, schools or other persons will be obtained. It usually takes at least a month to six weeks to gather this information. Often it is difficult to obtain medical reports quickly from the physicians, simply because they are so busy, and hesitate to write a report in the very beginning of your treatment. Early in your treatment your doctor is not yet sure how much more medical care will be needed or whether it will be a permanent injury. There are many questions that a doctor cannot answer in the first few months following an accident. Consequently your attorney will usually wait at least nine months from the date of the accident to receive a final report from your doctors.

Stage Two: Evaluation - Negotiation.
After all of the information is made available, your attorney will analyze your case regarding the issues of liability and damages as they apply to the facts in your particular case. These issues will be reviewed with you and you will be provided with the attorney’s recommendations regarding your case. The insurance company is then contacted and an effort is made to discuss settlement of the case with them.

The insurance company must know the nature and extent of the injuries sustained. This means that you must either have copies of the medical reports or satisfactory medical information concerning the nature and extent of your injuries. Any insurance company wants to know what it is paying for. Documented evidence is necessary to substantiate every phase of your claim. It will be necessary to document all medical expenses, all loss of salary or income and any other items of expense in your case. Should an offer be received, it will be relayed to and discussed with you. In the event that a fair settlement cannot be reached at this time, your attorney considers the advisability of filing a lawsuit.

Stage Three: Lawsuit - Trial.
The attorney files a suit if settlement cannot be reached with the insurance company. In some cases, however, it is important to start a lawsuit as soon as possible. In general, in a personal injury case the lawsuit must be filed within three years from the date of your injury or you could lose your rights.
Once the lawsuit has been started, both sides have a right to obtain information about the case by discovery deposition and interrogatories. Discovery deposition is the testimony of some party or witness given under oath in the presence of attorneys for you and your opponent, and a court reporter takes down the testimony. Interrogatories are written questions which either attorney may submit and which have to be answered in writing under oath. The intent of discovery is to insure that in any lawsuit there are no secrets. All of the information regarding the case should be available to both attorneys in an effort to induce settlement without going to an actual trial. This discovery process could take weeks, months or years depending upon the complexity and nature of the individual case. The great majority of cases are never actually tried even though many lawsuits are started. However, your attorney will proceed to trial if your case cannot be settled for a fair amount of money. Usually personal injury cases are tried before a twelve person jury. Your attorney will spend several weeks before the trial date in detailed preparation of your case. What is expected of you at your trial will be explained to you in detail by your attorney well in advance of your going to the courthouse. The actual process of trial will vary greatly depending upon the individual facts in your case.

Guidelines for our Seriously Injured Clients
Please read carefully:
1. Do not discuss your case with anyone other than your attorneys, someone from our office or your doctors. If an insurance adjuster (from your company or your opponent’s company) contacts you, advise them you would be pleased to provide a statement at our office and then have them telephone us and set up the appointment.
2. Do not sign anything dealing with your claim until you receive approval of your attorney.
3. Send us all bills you receive as a result of your claim (whether paid or not). Please indicate whether you have paid them. Keep a record for any additional expenses you have because of your injuries and obtain receipts. Send these to us monthly.
4. If you are required to miss any work due to your injuries, notify us immediately. If you are self-employed, keep a record of all times you are unable to work or perform your duties.
5. If you are required to return to the hospital, notify us immediately. When you visit your doctor, always inform the doctor of any pain, suffering, physical limitations or injuries you continue to suffer.
6. Keep a record of all your lost time from work and other activities and of all the difficulties you are having with your injuries. Keep this record on the forms we provide you and include dates and places and names of witnesses. Send this report to us monthly.
7. If you have medical insurance, medical pay coverage or collision insurance, these claims should be made immediately.
8. Notify us immediately if you hear anything that may affect your case, and contact us immediately in the event of any new developments.

We will be glad to assist you in any of these matters. It is our business to serve and assist our clients.

For more information or specific questions you have, please contact us.

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This information which is based on Wisconsin law is issued to inform and not to advise. No person should ever apply or interpret the law without the aid of a trained expert who knows the facts, because the facts may change the application of the law.