FAQs for Our Personal Injury Clients

(Q.) What kind of attorneys practice at David Allen & Associates?

(A.) At our firm you will find Personal Injury attorneys to help people injured in motor vehicle accidents, Social Security Disability lawyers to help those who cannot work, and Insurance Bad Faith lawyers to help policyholders collect the benefits they paid for. All of our attorneys share an unwavering commitment to helping our clients recover the benefits they deserve.

(Q.) How much will it Cost?

(A.) Our firm handles cases on a contingency fee. The fee for attorneys' time, effort and energy is paid only when we are successful and collect money for you. In the United States, this form of representation is possible because the law recognizes that persons who suffer injury are often without the ability to pay for the additional cost of a lawyer, especially when faced with medical expenses and lost income. Insurance companies would like contingency fees to come to an end and often lobby state legislatures and the federal congress to change the law so people will be prevented from bringing claims because they cannot afford to bring them.

(Q.) What if I Have an Attorney Already?

(A.) As with any professional, you always possess the right to change attorneys. When you change an attorney, however, you will owe the attorney who previously represented you a reasonable payment for the work already done. This payment is usually made by a new attorney from the contingency fee when the case is completed. Some attorneys, however, require immediate payment of any costs they advanced if you go to a different attorney. This is allowed under the law. If you are unhappy with your current attorney it is a very good idea to fully discuss with any potential new attorney the work already completed and discuss what will be done with regard to any fees claimed by your prior attorney.

(Q.) What Personal Injury Claims Do You Handle?

(A.) Our firm handles a variety of Personal Injury claims. Some injury claims are highly specialized. Most people are unfamiliar with the firms that handle these highly specialized claims. Our firm has over twenty years of handling injury claims, and we are very familiar with attorneys who do an excellent job in specialized areas. We can provide references if the claim is one requiring a specialized firm.

(Q.) What Damages Can Be Collected?

(A.) "Damages" refer to the various costs, expenses and losses which arise from a claim. The most common damages are for payment of:

• 1) medical expenses,
• 2) lost income, and
• 3) the inconvenience, pain and hassles caused by the accident ––

this is usually referred to as "pain and suffering". There are also a variety of other expenses which are often overlooked. These include the cost of going to and from the doctor, the cost of hiring someone to do the work around the house you were unable to complete due to the injury, and loss of employment benefits from a long period of incapacity.

(Q.) Will I Be Charged for a Consultation?

(A.) Our firm does not charge for an initial consultation. We are pleased to review cases without cost. If we find that, in our opinion, it is a case which will not produce a good result, we fully explain why. If we go forward with the case, we do so on a contingency fee basis.

(Q.) Why Do I Need a Lawyer?

(A.) In the early 1980's the insurance companies tried to get evidence that lawyers cost too much money. They commissioned a study by The Rand Corporation, an independent think tank located in southern California. Instead of agreeing with the insurance companies, The Rand Corporation found that persons with injury claims who were represented by a knowledgeable lawyer received –– after costs, attorneys fees and expenses - approximately 20% more than people who went without representation. Insurance companies exist to make money. Lawyers take an oath to uphold the Constitution of the United States and the Constitution in the State in which they practice. They possess an ethical obligation to zealously represent clients. Lawyers have an obligation to put your interests first, even ahead of their own. Insurance companies look after themselves and work to maximize their profits.

(Q.) How Do I Select an Attorney?

(A.) There are lots of attorneys who handle some personal injury cases. If you have an injury claim, it is always best to be represented by a law firm which concentrates on representing injury victim. Many lawyers can do a decent job, but when a lawyer attempts to handle all kinds of cases, as contrasted to concentrating on specific cases, it is practically impossible for the person to be as informed and effective as a law firm which concentrates on injury cases.

(Q.) What Will My Lawyer Do For Me?

(A.) Once you complete your medical care, a lawyer will gather the medical records and expenses. Additionally the firm will obtain information dealing with the nature and extent of your case. The lawyer should then submit a comprehensive demand package to the responsible insurance company. There will usually follow a period of negotiation. Sometimes, due to the period of time it takes to recover following injury, it is necessary to file a suit before a demand package can be sent. Other times, it is impossible to negotiate a successful conclusion to the case before suing the responsible party. Once the party is sued, there is a period during which both parties engage in discovery. It consists of sending various written questions, taking depositions and engaging in various other techniques provided for in the law which allow your attorney to find out what the other party did and what information the other party gathered. If the case cannot be resolved, it eventually will go to trial. Prior to going to trial, there frequently are other procedures designed to facilitate settlement, such as mediation and arbitration. At all of these stages your lawyer will be there for you putting your case forward in the best light possible.

(Q.) How Long Will it Take?

(A.) If the case is going to settle it normally resolves approximately 90 days following your last date of care. Sometimes the amount of care necessary to resolve an injury takes a long time and it is necessary to sue the responsible party in order to prevent the Statute of Limitations from running. If a case cannot be resolved through settlement negotiations within 90 days following your last medical treatment, it normally will proceed to litigation. The litigation process is protracted, often taking two or more years. At any time during the litigation process, it may be possible to settle the case. Whenever considering settlement, it is always necessary to consider the time it will take to finally resolve the case through litigation as well as the amount being offered. An experienced injury lawyer will be able to assist in making this evaluation with you.

In the final analysis the amount of time it takes to settle your case depends on the nature and extent of your injury as well as the manner in which the accident took place.

(Q.) Will an attorney make a difference in my situation?

(A.) We will give you an honest answer to that question – contact our office and make arrangements for a free consultation and case review. One of our lawyers will examine your medical records, insurance company settlement offer, and any related evidence. If we think we can help you get better results than you will get on your own, we will say so. If we perceive we can help, we will be prepared to set up a file and get started the same day. If you decide not to retain our services, there is no cost to you.

By focusing on the specific areas of Personal Injury, Insurance Bad Faith, and Social Security Disability, our lawyers are able to offer the strongest representation possible to our clients. If our firm does not have the experience or special expertise you need for your problem, we will help you find one that does.