What to Expect When Your Attorney Files a Personal Injury Lawsuit
Sometimes the only way to get fair compensation for a client is to file a lawsuit on his or her behalf. A competent attorney will only recommend filing a lawsuit if he or she believes that doing so will be in your best interest.
When your attorney recommends filing a lawsuit, knowing what will happen afterwards can reduce your stress and uncertainty.
The amount of time you spend working with your attorney on your personal injury case will increase. There are four main events that you will mostly likely have to participate in:
1) Responding to discovery requests
2) Preparing and sitting for your deposition
3) Undergoing a compulsory medical examination
4) Attending mediation
Most personal injury cases resolve at the mediation stage. However, if your case does not resolve and you proceed to trial then you’ll also have to participate in preparing for your trial testimony and you will have to sit through the trial.
Your attorney fees may increase.
This depends on your contract. At Fasig|Brooks, our attorney fee increases from 33.33% to 40% if we file a lawsuit for you and the Defendant denies liability. If the Defendant admits liability in the Answer to our Complaint, then our fee remains at 33.33% even though we filed a lawsuit.
The amount of money your attorney spends on your case will increase.
At Fasig|Brooks we pay the costs associated with pursuing our client’s case. Per our contract, we are reimbursed for those costs at the end of the case. Once we file suit, our costs increase. Just filing the suit and serving it costs about $500.00. As the litigation process continues, common costs include hiring experts, taking depositions, and attending mediation.
Your life becomes an open book to Defense counsel.
When a Plaintiff files a lawsuit against a Defendant for personal injuries, the Defendant is permitted to obtain information from the Plaintiff about many aspects of his or her life including information about employment history, education, past injuries, past medical treatment, hobbies, names of friends and families with information about the injury, etc. The Defendant does this by sending discovery requests which ask for this information and by taking the deposition of the Plaintiff. The Defendant will also be permitted to subpoena records directly from various entities including medical providers (from before and after the subject incident) and employers (both past and current).If you’re not sure if you have a personal injury case, call me at 850.224.3310 and I will be happy to talk to you about your next steps.