Kaplan and Lukowski, LLP
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Common Questions

Q:  How much are your legal fees?
A:  In most cases regarding medical malpractice, nursing home abuse and personal injury cases, attorneys are paid on a contingency fee basis. This means the attorney does not earn a fee unless and until the attorney recovers money on behalf of the Client. Depending on the nature of the claim, the contingency fee can range from 33% to 45% of the recovery.

Q:  How long will this process take?
A:  The time it takes to resolve a case depends on many factors such as:

  • The amount of time required for an accurate assessment of damages.
  • The possibility of reaching a settlement before a lawsuit is filed.
  • In the event a lawsuit is filed, the case will generally not settle until after both parties have had the opportunity to conduct "discovery".

Q:  What is my case worth?
A:  There are a number of factors attorneys review when trying to evaluate a claim, specifically:

  • What type of injuries were sustained?
  • Are the injuries permanent?
  • Was the Defendant at fault?
  • Where will the lawsuit be tried?
  • What are your out-of-pocket expenses (medical bills, lost wages, etc.)?
  • Are there special factors such as whether the Defendant was intoxicated or acted intentionally to injure someone?

When a client first meets an attorney many of these factors are unknown. Therefore the true value of a case does not become clear until the attorney has had the opportunity to investigate.

Q:  Can I do anything to improve my case?
A:  Yes. Your relationship with Kaplan and Lukowski, LLP is a partnership. As attorneys we will need to contact you and receive prompt and honest responses. The value of a case is greatly impacted by the client's honesty and forthrightness. To combat insurance company claims that injuries have been exaggerated or preexistent, you should provide all information, good and bad, to your treating physician and attorney about your prior health history. Be honest with your attorney and doctors and follow their advice.

Q:  Do I really need a lawyer?
A:  In most cases you will benefit from retaining the services of an attorney. Insurance companies prefer to settle with someone who has not hired an attorney, as they generally have no experience negotiating the value of injuries. An experienced injury attorney knows the value of your claim and exerts influence on the insurance company because of the prospect of a lawsuit. Studies show that parties with legal representation generally receive two to three times the amount non-represented parties receive


 

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