How do I know if I have a case?
Talking with an attorney is the first step in determining whether you should seek legal recourse for injuries you (or a family member) have suffered. In an initial consultation, the attorney will seek answers to three key questions:
- How serious are the injuries?
- Does a liable party exist who is responsible for the damages?
- Is there time to file a lawsuit before the statute of limitations expires?
As a rule of thumb, a recent, serious accident that was caused by a well-insured, obviously negligent party is the best candidate for a legal claim. An accident that caused only minor injuiries nearly two years ago, in which liability is contested, is a poorer candidate. However, it is essential that an experienced attorney evaluate the specifics of your situation. Only then can the attorney assess whether the potential claim is feasible to pursue.
What does it mean for a case to be economically feasible?
Lawsuits are expensive, time consuming, and emotionally draining for plaintiffs. It is not worth filing a claim unless the damages that potentially could be collected are worth the time, trouble, and money involved. Stephens & Stephens attorneys draw upon extensive experience with similar cases to evaluate the potential recovery in each case. They always hope to find a way to get clients fair financial compensation for their injuries. But if they honestly see little or no potential for a recovery, they will not take the case.
What does it cost to hire Stephens & Stephens?
Stephens & Stephens charges no fee to its clients until a successful recovery is made. If we can't get you any money, we don't charge you for our services-and we absorb all expenses incurred in the effort.
If we are successful in making a recovery, expenses incurred to develop your claim are deducted from the total settlement or award. Stephens & Stephens then takes its fee-typically a percentage of the remaining amount-which covers our expenses for office overhead, staff time, and attorney time. The amount of the contingent fee charged depends upon the complexity and risk associated with the claim.
As an example: If a settlement were for $100,000 and case expenses were $8,000, the attorney fees would be computed on the remaining $92,000. If the agreed-upon fee were 1/3, the plaintiff would receive the remainder, or $60,720.
How long will it take to get a recovery?
Unfortunately, there is no way to answer this question. Our attorneys typically settle simple car wreck cases within several months or even sooner. But more complex cases require more time. Your attorney should be able to give you a general sense of how long your claim may take to resolve once he or she has enough information to assess its relative complexity.
Because recoveries are never guaranteed, we strongly recommend that all of our clients live their lives and conduct their affairs-including coping with the consequences of their injuries-as if no lawsuit or claim existed.
What if Stephens & Stephens decides not to take the case?
If our attorney does not think a lawsuit is feasible, he will write and let you know as soon as possible. An assessment of a case's potential outcome is by nature subjective; therefore, we always recommend that you get a "second opinion" when we decline a case. Another attorney may see it differently. Our attorney can let you know how much time remains to talk to another lawyer before the statute of limitations expires. (Generally, a claim must be filed within two years from the date of the accident.)