FAQs

What is a tort?
A tort is a wrong that is done to a person and the person seeks a remedy by bringing a claim or civil suit against the party who committed the wrongful act. A tort can also be a crime. Criminal prosecution is separate and distinct from pursuing a civil claim. They can both occur at the same time but the civil claim must stand on its own for the person to successfully obtain an award or compensation.

What is a lawsuit?
A lawsuit is brought to pursue a tort if it cannot be resolved informally. Most claims brought by a person who is injured are settled without a lawsuit having to be filed. I like to say there are only three valid reasons for bringing a lawsuit. One, there is a legitimate issue on the degree each party is negligent. Two, there is a genuine dispute as to the value of a claim. And three, a judge or jury rightfully needs to decide other relevant issues that the parties cannot agree on. Unfortunately, often times lawsuits are brought out of frustration or to punish another party and that is just wrong in my opinion.

How much is my case worth?
An attorney is often asked early on by her client, how much her case is worth. It is difficult to put a value on a claim at the onset because at that point a thorough investigation hasn't been conducted, liability may still be an issue, all of the responsible parties may not be identified yet, and the victim.s injuries and residuals may not be fully known. There are also practical issues that make it hard to value a claim. Is there adequate insurance to pay the full value of the claim? Is the at fault person collectible beyond any insurance limits? Is the injured person comparatively negligent? To some degree, the skills, experience and knowledge of an attorney who truly specializes in personal injury and wrongful death claims may have an impact on how much a case is worth.

Do most cases go to trial and will the victim have to testify?
Most cases are settled without having to file a formal lawsuit. Even when a lawsuit is filed, the vast majority of cases settle without the victim having to testify during a trial. If a case doesn't settle before a lawsuit is filed, most likely, the person will have to give a deposition. A deposition is like testifying at trial except that the testimony is taken at the attorney's office, in private. Usually the victim doesn't appear at most court hearings or functions. If the case does not settle and a trial takes place, the person will need to be in the courtroom during the whole trial to observe the witnesses and proceedings but usually only testifies for a short period of time.

Can I recover money even if I am partly at fault?
Yes, Michigan is a comparative negligence state. A party may recover compensation even if they are partly at fault, but the award will be reduced by their degree of negligence. In some cases, a person will not be allowed to recover money if they are more than fifty percent at fault.

How much will the legal process cost?
A case that settles without filing a lawsuit is much cheaper to pursue than one that gets tried. Often these cases cost less than One Thousand ($1,000.00) Dollars to pursue. Cases that go to trial can cost several thousand dollars to pursue. An attorney who specializes in pursuing these claims will pay the cost up front and then subtract the costs off the top when the case is finally resolved. Ultimately, a client is responsible for costs and an attorney has the right to seek reimbursement of these costs even if the client gets nothing.

What should I look for in an attorney?
Look for an attorney that specializes in representing clients who have the same type of claim that you have. Be sure to interview several attorneys and make a list of questions that you want answered. Make sure the attorney answers all of your questions and demonstrates a high degree of knowledge in the area of law that your claim involves. Don't just look for the biggest advertisement. Find out if the attorney who you are meeting with will actually be the attorney handling your claim. If not, why aren't you meeting with that attorney? Also be very suspicious of an attorney who asks you to pay the costs of your claim up front. If an attorney is asking you for money it means either that the attorney can't afford to absorb the costs or they have reservations about the validity of your claim.

When should I call an attorney?
You should consider calling an attorney for advice before you talk to almost anyone after the incident occurs. Often people call their insurance company and are asked leading or confusing questions that they don't fully understand and shoot themselves in the foot by answering the question anyway, sometimes causing their claim to be denied. I have personally seen cases when a victim was advised by an insurance representative that they didn't need an attorney and not to get one because it just means that the person will have to split the money and will get less. The problem with this position is that the insurance adjuster is only interested in obtaining a release for their client and does not care about any claims the person may have against other parties for the same injury. If the injured person'settles with the adjuster, he will need to sign a release. This release may cause the victim to lose the right to pursue his claim against other parties who may also be at fault for causing his injury. Often one person's insurance coverage may not be enough to fully compensate a victim and a good attorney looks for all potential at fault parties. One example that happened just this month was a case where an adjuster wrote to a client I later signed up stating they were willing to settle for the policy limits of Fifty Thousand ($50,000.00) Dollars. They told my client they didn't need an attorney as the attorney would get a third of that amount. But they didn't bother to advise my client that by settling her claim she would be giving up an additional claim that she had with her own insurance company for additional coverage for an additional Fifty Thousand ($50,000.00) Dollars. Even after taking out the attorney fee, my client received over Sixteen Thousand Six Hundred ($16,600.00) Dollars that they would have lost if not for getting my legal advice. Also victims sign away other rights and benefits that they might not be aware of without obtaining the advise of a good personal injury attorney. An injured person may want to call an attorney sooner rather than later because evidence disappears quickly and potential witnesses can vanish or move. The earlier an attorney is consulted, the more likely the person's rights will be fully protected.

Is my case confidential?
Maybe, maybe not. Cases that settle without filing a lawsuit are mostly kept secret but often just by becoming injured, a person's personal information may be compromised. Many insurance companies are part of a network, association or other organization that divulges and shares information into a national database for future reference. Big brother is watching.

How long will my injury or death case take to resolve?
I like to tell my clients not to measure legal time with a watch. Use a calendar, and sometimes a multi-year calendar. Almost all claims take at least six months to a year to settle because often the injured person's long term problems won't be known until then. If a lawsuit is filed, at least a year or more transpires before the cases settles or is tried.

Is it ethical, legal, or moral to sue?
It is certainly legal to sue if someone is wrongfully injured or killed due to the negligence of another. I feel no ethical or moral conflicts in suing to protect the rights of my clients. However, I tell my clients, this is their claim, not mine. It is up to them where and how they want their claim resolved. I tell my clients that I am a conduit, I give them advise on their legal rights but the final decision on how to proceed, is theirs. to make. I often have clients that are adamant that they don't want to sue and I respect and honor their wishes. We either obtain a settlement or we walk away. They are the one who must decide what is the right thing for them to do.

RichardMigala.com © 2006–2009 | Privacy Policy | Terms of Use