By Robert I. Feinberg | Published August 25, 2015 | Posted in Personal Injury | Leave a comment
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August 2015
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What is the Client’s Personal Story?
There are three important factors which determine the value of my client’s case. The first two are expected but the third may surprise you. The first is liability. How did the accident or injury happen? Who was at fault? And what was the conduct of both my client and the other party? These are essential questions in determining the extent of the liability or lack thereof. The second issue is the damages. By this, we mean how badly was the client hurt and what are the longterm effects.
Should the Personal Injury Client Provide a Statement?
I am often asked by an insurance company if my client will give a statement. This request raises a few intriguing questions. First, is my client obligated to give a statement? If it is a car accident case, the client is obligated to give a statement when seeking so-called first party benefits, i.e. PIP (Personal Injury Protection). The authority for this is contained in the auto insurance policy. It states that in the event a person is seeking payment under any provision of the policy, the insurance company has the right to take an examination under oath.
Contingent Fees in Injury Cases
What is called the “poor man’s keys to the courthouse”? The contingent fee system. In other countries, attorneys are paid directly by the client/litigant in the form of hourly compensation. In contrast, in the United States, in personal injury actions, a client is allowed to pursue a case where the attorney will only be paid if there is a recovery. Under this system, people who might otherwise be unable to pursue a rightful claim can do so without fear that they will face a large bill at the conclusion of the case. The first part of the contingent fee system to understand is the percentage of the recovery.
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