When Should I Hire a Lawyer?

It is wise to contact an attorney as soon as you think that you may have a claim that could result in litigation. At the end of the day, an insurance company is going to be the party that pays your claim. This is true for all different types of personal injury cases – whether you were injured in a car accident, a dog bite, or were a victim of medical malpractice, ultimately an insurance company is going to pay your settlement or verdict.

Insurance companies are trained to have their adjusters contact injury victims as soon as possible after an injury. These adjusters often push for recorded statements or try to get you to sign various documents. They will then often try to use these statements or documents against you. For these reasons it is always advisable to sit down and discuss your rights and obligations with an attorney as soon as possible.

The insurance company keeps calling me, what should I do?

After many types of accidents, if you carry insurance, your insurance contract may require you to report the accident to your insurance company. In cases where you were injured by another party’s negligence, like auto accidents, an insurance adjuster from the other person’s insurance will often try to contact you.

You have no obligation to speak to the other insurance company or their representatives. Often, they will try to contact you in order to pressure you to accept a low-ball offer, before you know the full extent of your injuries.

Sometimes, aggressive insurance adjusters may threaten to “close their file” if you refuse to speak to them. This is simply an intimidation tactic. If an aggressive insurance agent is threatening you or making you feel uncomfortable, it may be wise to schedule a consultation with an attorney and find out your rights and obligations.

Is there a time limit for filing a personal injury claim?

Yes. Personal Injury cases in California all have a Statute of Limitations. The exact time limit can be different depending on who caused the accident, where the accident happened, or what type of personal injury case it is. If you believe you may have a case,

If I hire an attorney, will I have to go to court?

Usually not. The vast majority of the personal injury cases that we handle at Schwinghamer law settle and our clients receive a lump-sum cash settlement from an insurance company.

How much is my personal injury case worth?

In California, you have the right to recover money for:

• Medical Bills
• Lost Wages
• Pain and Suffering

Of course, every case is different, and in reality it can be much more complex. For example, the money for medical bills may include money for a future “life care plan” in cases of catastrophic injury. The money for “lost wages” may include money for vocational retraining in the right case. The money for “pain and suffering” may include money for embarrassment about sustaining a disfiguring scar. An experienced personal injury lawyer can help you determine the exact damages that are appropriate in your case.

What if I’m Injured and I don’t have medical insurance?

Not a problem. Once you have a personal injury attorney, most reputable doctors will agree to treat you on a “lien.” Because you have the right to recover your medical bill as part of your personal injury lawsuit, you can get in to see a doctor right away, and the doctor will get paid once your case settles.

How Long Will My Personal Injury Case Take?

Because every case is different, the amount of time it takes to resolve a personal injury case can vary greatly. Some cases resolve in a matter of weeks. Other cases can take years. The following are some of the things that affect how long a personal injury case is going to take:

• How severe is the injury?
• Have you recovered from your injury yet, or do you need additional treatment?
• Is it clear who is at fault for the accident?
• How much money does the insurance company have available to settle your case?

Will My Case Settle?

At Schwinghamer, we prepare every case like it is going to trial. Ironically, this high level of preparation allows us to settle the vast majority of cases. Most of our clients end their time with us be receiving a lump-sum cash settlement.

Inevitably, however, some cases must go to trial. We believe that our record of tremendous success at trial encourages the insurance companies to settle with us, rather than risk facing us in court.

What is a contingency fee, and how does “no fee until we win” work?

If you hire a lawyer to write a contact, form a business, or write a will, you will likely pay an up-front retainer fee, and then pay the lawyer’s hourly fee.

In personal injury cases, we understand that none of our clients were planning on getting injured. We also believe that victims of other people’s negligence deserve world class legal representation, regardless of their financial circumstances.

Personal injury cases that operate on a contingency fee have no up-front costs. A contingency fee contract simply allows the attorney to collect a percentage of the proceeds, if and when a settlement or verdict is awarded.

If there is no settlement or verdict, we don’t charge any fees, regardless of how many hours we spent on your case. This arrangement, along with our policy of offering free legal consultations, allows us to minimize the risk to our clients.