Law Office of Patrick Duffy, Jr.
Established in 1975
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Frequently Asked Questions

The following is a short list of commonly asked questions. The information provided here is general information only and is not legal advice. No attorney-client relationship exists until a written fee agreement is signed.

DO I NEED A LAWYER?

A compentent and experienced lawyer can provide valuable advice to you about your claim. The lawyer can answer your questions, handle communications with the insurance companies, and provide guidance on legal and medical issues in your case. A lawyer will not guarantee a specific outcome on any case, but can offer insights on the settlement value of your claim.

Victims of serious personal injury, wrongful death, sexual and racial harassment will almost always benefit by being represented by an attorney who is experienced in handling similar claims. On the other hand, many people with minor injuries and minimal medical treatment settle their claims directly with the insurance company without being represented by a lawyer.

HOW DO I FIND A LAWYER?

One of the best ways to find a lawyer is through a recommendation from a current or former client of that lawyer. Friends, family members, and business or social acquaintances may be able to recommend a lawyer for your type of case.

The Internet, phone books, and local bar associations are additional sources for finding a lawyer.

It is very important that you feel comfortable with your lawyer. Most lawyers do not charge for an initial meeting. This is a good opportunity for you to meet the lawyer. Is the lawyer a good listener? Does the lawyer appear successful and competent? Does the lawyer appear interested in your case? Does the lawyer have experience in these kinds of cases? Is the lawyer able to clearly answer your questions? Trust your instincts!

WHAT DOES A LAWYER CHARGE?

Most lawyers charge a percentage of the recovery as an attorney's fee. For example, many lawyers charge one-third of the settlement as a fee. If a case settles for $60,000.00, the attorney's fee is $20,000.00. Depending on the nature of the case, the percentage may be higher or lower.

Ethical rules require that a contingent (percentage) fee agreement be in writing. The fee agreement will briefly describe the nature of the case, fee percentage, who pays for out-of-pocket expenses, and what will happen if the lawyer or client terminates the agreement. It is important for the client to carefully read the proposed fee agreement before signing it. The lawyer will answer your questions. Do not sign the fee agreement until all questions have been answered to your satisfaction.

WILL MY CASE GO TO COURT?

Your lawyer may settle your case with the insurance company or other entity causing harm without a lawsuit being filed. This is accomplished through settlement negotiations. Remember that this is your case, and you have the right to make all decisions after obtaining the advice of your attorney. You have the right to discuss with your attorney the amount of the settlement demand, and all further demands during the course of negotiations.

Your lawyer may file a lawsuit in your case and obtain a trial date. The filing of a lawsuit does not automatically mean that you will go to court. Settlement negotiations usually take place before trial, and a large percentage of cases settle before going to trial.

WHAT IS MY CASE WORTH?

A number of factors must be considered in determining the value of a personal injury or harassment case. The first issue is liability. Who was at fault? Is that person's fault clear? Did the injured person's misconduct cause or contribute to that person's injuries?

A second issue is damages. What is the nature of the physical and/or psychological injury? What treatment has been required? Will there be permanent problems as a result of the injury? Will the injury prevent or impair a person's ability to work and support a family? What medical expenses were incurred? What amount of wages was lost? These and other factors must be considered in arriving at an approximate value of your claim.

The third issue is financial responsibility. Does the person or entity causing injury have insurance or other financial means to pay the claim?

A competent and experienced lawyer should be able to weigh all of these factors and estimate what an insurance company will pay, or what a judge, jury or arbitrator will award in your case. Of course, no lawyer can guarantee the outcome of any case.


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