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When Will Workers Comp Offer a Settlement? | Find a Work Injury Lawyer Near You

Whether you work on construction sites or in a downtown office on the 99th floor, all employees run the risk of sustaining a work illness or injury. Although some professions face a greater risk compared to others, that doesn’t mean employees in “less risky” jobs should have their workers’ compensation cases neglected or devalued.

In case of an injury while on the clock, you’re entitled to workers’ compensation benefits to pay for your medical costs and lost wages. These benefits often come through regular workers’ compensation insurance that is covered by your employer’s insurance company. But what if you receive an offer for a lump sum settlement instead?

In understanding workers’ compensation laws, it’s important to consider the long-term impact of your work-related injury or illness. These laws are designed to protect you by ensuring you receive the necessary medical benefits and financial support during your recovery period. Sometimes, the effects of an injury can last for a long time, perhaps even a lifetime.

That’s where workers’ compensation plays a crucial role. It provides ongoing medical benefits and covers costs associated with long-term care, which might include surgeries, physical therapy, and any required medications. Knowing how these laws work helps you make informed decisions about your health and financial well-being following a workplace injury.

Questions that this article can help to answer:

  • Will I get a workers’ comp settlement?
  • How soon will the insurance company offer a workers’ comp settlement?
  • What are the two types of settlements for workers’ compensation?
  • How is a workers’ comp settlement determined?
  • How much should a workers comp settlement be worth?
  • How long do most workers’ comp settlements take?
  • What do I need to know about an early settlement offer?
  • Will workers’ comp offer a settlement without a lawyer?
  • How do I find a labor lawyer near me?

Will I Get a Workers’ Comp Settlement?

If you’re wondering about receiving a workers’ comp settlement, it’s important to understand that not all workers’ comp cases result in a settlement. Settlements in workers’ comp are agreements where the insurance company agrees to pay you a certain amount of money.

In return, you might give up certain rights, like future claims related to your injury. Whether you get a settlement largely depends on the specifics of your case, including the severity of your injury and how it affects your ability to work.

Factors Influencing Settlements:

  • Severity of Injury: More serious injuries often lead to larger settlements because they impact your life more. This includes long-term medical care and inability to work.
  • Medical Benefits: Part of your settlement might include medical benefits, which cover ongoing treatment costs.
  • Lost Wages: If you can’t work because of your injury, your settlement may include compensation for lost wages.
  • Permanent Disabilities: In cases of permanent disability, settlements are likely as they account for future challenges and financial needs.

Does Surgery Increase Workers’ Comp Settlement?

In many workers’ comp cases, if surgery is necessary, it might increase the settlement amount. Here’s why:

  • Higher Medical Costs: Surgeries are expensive, increasing the overall medical costs that need to be covered.
  • Extended Recovery Time: Surgery often means you’ll need more time off work to recover, increasing the compensation for lost wages.
  • Long-term Effects: Surgery can indicate a more serious or permanent injury, which might lead to a higher settlement due to long-term health needs and impacts on your life.

Remember, each workers’ comp case is unique. The necessity of surgery and its impact on a settlement will vary. Consulting with a skilled attorney who understands workers’ comp benefits and laws can provide you with the best guidance tailored to your specific situation.

How Soon Will the Insurance Company Offer a Workers’ Comp Settlement?

If you are awaiting a workers’ comp settlement offer, it’s imperative to understand the factors in play. From an outside perspective, workers’ compensation settlements might sound enticing.

For example, you receive one lump sum (sometimes hundreds of thousands of dollars), which you will then use to help pay for your medical costs and lost wages. You get to pocket anything that might be left over. It might sound like a great offer; however, these offers always warrant a second look and the opinion of an experienced workers’ comp attorney.

Reaching a Workers’ Comp Settlement

Suppose an employee has fully recovered from their illness or injury and has returned to work without any remaining bills or unpaid benefits. In that case, their workers’ compensation claim can be closed. However, sometimes a claim requires a negotiated settlement between the injured worker (and their attorney) and the insurance company.

This process usually starts with the insurance company and the employer making an offer for payment to the employee. Depending on the type and extent of the employee’s illness or injuries, the settlement offer might include payments for:

  • Unpaid benefits or medical bills
  • The costs of any necessary future medical treatment
  • A disability award if the worker is permanently impaired

Types of Workers Compensation Settlements

There are two types of Workers’ Compensation settlements. They are:

  • Lump Sum Payment
  • Structured Payment

Lump Sum Payment

A single payment for all medical costs and benefits the employee claims. In some states, the injured worker may have to agree not to pursue any future compensation related to the same injury.

Structured Payment

The settlement monies are divided into scheduled payments over a specified amount of time. A structured settlement might include a separate medical account to pay for any necessary future medical care.

When Will Workers’ Comp Offer a Settlement in California?

In California, if you get hurt at work, you might wonder when you’ll get a settlement offer from workers’ comp. Here’s a simple breakdown:

  1. Injury Report: First, you must report your workplace injury to your boss. This gets your workers’ comp case started.
  2. Case Review: After you report your injury, your case is looked at. The insurance company checks your medical records and other details to understand your injury better.
  3. Maximum Medical Improvement (MMI): This is a key moment. MMI means your condition isn’t expected to improve much more. In California, settlement talks usually start after you reach MMI. It’s when everyone has a clearer picture of your health and future needs.
  4. Settlement Types: In California, you might get offered a lump sum (all the money at once) or a structured settlement (money paid over time).
  5. Negotiation: Your lawyer and the insurance company will talk about the settlement. They consider your medical costs, any lost wages, and how the injury affects your life.
  6. Judge’s Approval: Finally, a workers’ comp judge looks at the deal to make sure it’s fair.

Remember, settlements in California can take different times to reach. It depends on how serious your injury is and how long your recovery takes. Always talk to a lawyer to make sure you’re getting a fair deal. They know the rules and can help you understand your rights.

How Is a Workers’ Comp Settlement Determined?

Before agreeing to a settlement, the employee and their lawyer should calculate what they believe the claim is worth. It should at least be enough to cover past medical care and future medical costs for the injury. Other factors that can impact the settlement include:

  • Medical bills
  • The need for future medical treatments, including surgery or physical therapy
  • Previously lost wages or future wage loss
  • Temporary or permanent disability payments
  • Attorney fees
  • State workers’ compensation statutes and restrictions

Once the calculation is finalized, the employee and their attorney will negotiate with the insurance company. The final settlement is frequently a compromise between the insurance company, employer, and the injured employee under the advisement of their attorney.

It’s a common requirement in many states to have a workers’ compensation judge review each settlement before it’s finalized. Although the judge will consider if it is fair to the employee, it is still in the employee’s best interest to have a workers comp attorney on their side to protect their rights.

How Much Should a Workers’ Comp Settlement Be Worth?

Calculate Workers Compensation Settlement

Workers’ compensation settlement amounts are typically based on what the case is likely to cost the workers’ compensation insurance company if the case fails to settle. Most of the time, the insurance company wants to reach a settlement before you get to the point of what is known as Maximum Medical Improvement (MMI).

Once you reach this point, you will likely have a good idea of your future medical expenses, which means you will have a better idea of what your case is really worth. If the insurance company can get you to accept a low workers comp first settlement offer, they will most likely pay less for your claim. That’s wonderful for them but terrible for you.

Workers Comp Settlement Amounts

How Long Do Most Workers’ Comp Settlements Take?

The truth is that it varies. For claims involving relatively minor injuries, a workers comp settlement offer letter won’t take as long. However, it can take longer for those with severe or catastrophic injuries. What’s more important than how long it takes to receive a settlement, is that you are receiving a fair settlement.

While you may be relieved to receive an early settlement offer, it’s not always in your best interest to accept an early offer. Here are three instances in which a longer case settlement may be beneficial:

  • Concerns about paying for medical bills
  • Unable to go to work
  • Affording medical expenses related to your injury at work

An Early Settlement Doesn’t Necessarily Mean a Fair Settlement

In fact, it is never in your best interest to accept an offer without discussing your case with a qualified workers’ compensation lawyer. An experienced attorney will have a pretty good idea of what a fair settlement should be in your case. They can let you know if you should settle at this point or hold out until you receive a better offer or reach MMI.

You should also keep in mind that waiting until most or all of the anticipated benefits you can receive have been paid out will make the value of your case lower than it could have been if settled earlier.

Will Workers’ Comp Offer a Settlement Without a Lawyer?

Navigating a workers’ comp case can be complex, and you might be wondering if you can receive a settlement offer even without hiring a lawyer. Understanding how the system works and the importance of legal advice is crucial in such situations.

The Possibility of an Offer

  • Direct Offers: Yes, it is possible to receive a workers’ comp settlement offer without a lawyer. Insurance companies sometimes make offers directly to injured workers. However, these offers may not always reflect the full value of your claim.
  • Initial Assessments: The insurance company will evaluate your case based on the medical reports and the details of your injury. They may then propose a settlement amount to cover your medical expenses and lost wages.
  • Understanding Your Rights: A major concern when dealing with workers’ comp without a lawyer is the lack of understanding of your legal rights. Legal advice is critical to ensure that your rights are protected and that you are fully aware of what you are entitled to under the law.
  • Evaluating Offers: An attorney specializing in workers’ comp can help evaluate if the offer made by the insurance company is fair. Without this expertise, you might end up accepting a settlement that is significantly lower than what you could receive with legal representation.

Accepting a Settlement

  • Consideration: Before accepting a settlement, consider the long-term implications of your injury. Will there be ongoing medical expenses? Could your injury affect your ability to work in the future?
  • Negotiation: Without a lawyer, you might lack the negotiation skills necessary to increase the settlement offer. Lawyers are experienced in negotiating with insurance companies and can often secure a more favorable settlement.
  • Finalization: Accepting a settlement usually means you waive certain rights, such as bringing any future claims related to the injury. Legal advice is crucial to understand these implications fully.

While it’s possible to receive and accept a workers’ comp settlement without a lawyer, it’s not always advisable. The lack of legal representation can lead to accepting an offer that doesn’t adequately cover your needs, especially considering long-term implications. A lawyer can provide essential legal advice, help in evaluating and negotiating offers, and ensure that your rights are fully protected.

Remember, the goal of workers’ comp is to support you during your recovery and ensure you’re not financially burdened due to a work-related injury. Professional legal assistance can be invaluable in achieving this goal.

How Do I Find a Labor Lawyer Near Me?

If you have questions about work injury lawsuit settlements or other aspects of a workers’ comp claim, 1-800-THE-LAW2 has a network of local attorneys with answers. You can find an experienced labor lawyer or workers’ compensation lawyer near you by completing our online form for free consultation. Once submitted, a licensed workers’ comp attorney in your area will call you within ten minutes to help you with your workers’ comp case.

You can also give us a call for FREE legal consultation. We are open 24/7.

What Happens When Someone Accidentally Slips in a Store and Hurts Themselves?

When a customer slips, trips, or falls and gets an injury in a parking lot or store, there is a potential legal claim. Under the law, that injured shopper may be entitled to sue and recover significant damages.

But how does a personal injury claim work? Let’s take a closer look.

Is a Store Liable for a Customer Injury? If I Slip in a Store, Can I Sue?

Store Liability for a Slip and Fall Accident

Property owners and proprietors, or store operators like landlords, have a legal responsibility to maintain the premises in a reasonably safe condition for patrons. If the establishment is unsafe in any way and contributes to you getting hurt, then you have a right to sue and recover damages for injuries. One example of this is a slip and fall injury from a wet floor in a grocery store.

The right to sue and recover after an accident applies in every jurisdiction in the United States. Though state laws may vary somewhat, the fundamental principles of slip and fall cases are the same.

Causes of Slip and Fall Accidents That Could Also Be Examples of Store Negligence

Slip and fall accidents happen due to a variety of factors, including:

  • Liquid spills with no sign warning, like wet floors
  • Traction less, smooth flooring
  • Defective flooring, like broken tiles and so forth
  • Failure to install railings
  • And more

Such conditions can significantly increase the risk of bodily injury or personal injury due to a slip and fall. If you encounter any of these, the store owner or property operator may be at fault for failing to maintain the premises in a reasonably safe condition, also known as premises liability.

When Is a Business Liable for the Harm of a Customer?

Awareness of the Safety Issue

In slip and fall cases, the company or store owner may try to avoid premises liability and argue that they were unaware of the slip and fall hazard. In other words, they could argue that they had no reason to believe that there was any danger.

Your attorney can counter this defense argument by showing that the defendant either “was” actually aware, or “should have been” aware of the hazard. Property owners and property operators, for example, a landlord, have a responsibility to conduct regular inspections of the premises. In doing so, they discover that there is a hazard. Once they discover the hazard, they can either fix it, or put up a warning sign to prevent shoppers from getting injured.

The frequency of inspection varies from store to store, depending on the industry. For example, a grocery store has to be inspected more frequently than a furniture department store. Failure to inspect frequently enough to discover the hazard before a visitor is harmed can give rise to liability, and it’s also negligence.

In store negligence cases, determining what happens if you slip and fall in a store hinges significantly on whether the store was aware of, or should have been aware of, hazardous conditions leading to accidents occurring.

For instance, poor lighting in an aisle can obscure a spill or an uneven surface, significantly increasing the risk of a fall. In such scenarios, if an accident occurs due to this lack of visibility, the store could be held liable for not maintaining safe conditions.

These cases often revolve around whether a reasonable effort to identify and rectify such hazardous conditions was made. If a store fails to conduct regular checks or ignores reports of potential dangers, such as poor lighting or spills, they can be found negligent. 

The key factor in these incidents is the store’s knowledge and response to the unsafe conditions. If it is proven that the store was aware, or reasonably should have been aware, of the hazard and did not take appropriate action, they can be held responsible for any injuries sustained as a result of their negligence.

What Are the Elements of Vicarious Liability?

Suppose that one of the store employees failed to conduct a proper inspection, and that’s why the floor was wet and wasn’t cleaned. In turn, the spill caused you to slip and fall and you hurt yourself.

In this example, the employee is technically at-fault, because they committed negligence. However, the store can also be held liable, due to vicarious liability.

Thanks to vicarious liability law, an injured plaintiff can sue an employer for the negligence of their employee. In the case of the wet floor, the employee was negligent in inspecting the premises. Though it isn’t technically the store’s fault that you slipped and fell, they can be held legally responsible for your injuries and the negligence of their worker.

What Happens If You Hurt Yourself in a Store?

What To Do If You Are Injured in a Store

After a slip and fall accident, you may be confused about what to do next. Don’t worry; it’s actually quite simple. Here are the steps to take after an accident:

If needed, call 911 and seek medical attention right away. Then contact an experienced slip and fall lawyer as soon as possible. They will first evaluate your case. If it makes sense to move forward, they will work with you to gather evidence, develop an argument, and push for a positive resolution, like compensation.

Gather and preserve evidence. If possible, take photos of the accident scene, and keep copies of all documentation that is associated with the accident. An example of this is a police report.

Avoid negotiating a settlement with the store or its insurance company without the help of an attorney. They will attempt to undercut your claim and minimize their overall damages.

Can You Sue a Store for Injuries Caused by a Slip, Trip or Fall?

What happens if you are injured in a store? If you’ve been injured in a slip, trip, or fall accident, then you could be entitled to significant damages as compensation. At times, the law is confusing and overwhelming, and this is especially true for first time plaintiffs who have no experience of the litigation process. We’re here to help.

If you’re injured in a store due to a slip, trip, or fall, it’s essential to understand your legal rights. Retail store negligence settlements often cover a range of compensations, including for pain and suffering, medical bills, and lost wages. When you are injured in a store, the law looks at whether the store or store manager neglected their duty of care in maintaining a safe environment.

This duty of care means that the store must keep the premises free from dangerous conditions that could cause harm, such as wet floors without warning signs or uneven flooring. If these conditions cause an accident, the injured party can sue the store for negligence.

For example, if you slip in a store and sustain injuries, you can potentially sue for compensation. This compensation is not just for medical expenses but can also include pain and suffering caused by the injury, any lost wages due to the inability to work, and other related costs. A personal injury lawyer can help you understand the specifics of your case and guide you through the legal process.

They will work to prove that the store’s negligence led to the dangerous condition which caused your injury. The lawyer will also negotiate with the store’s insurance company on your behalf to ensure you receive a fair settlement that covers all your damages.

Sustaining an injury in a store due to negligence can lead to a legal claim against the store. It’s important to document the incident, report it to the store manager immediately, and seek legal advice to understand your rights and the potential for a retail store negligence settlement. A personal injury lawyer will be instrumental in guiding you through the process, representing your interests, and helping you recover the compensation you deserve for your pain, suffering, and other losses.

Call 1-800-THE-LAW2 for a Free Consultation and to Speak With a Qualified Slip and Fall Attorney Near You.

Call 1-800-THE-LAW2 for a free consultation with an experienced slip and fall accident attorney in our network. There’s no cost, and no commitment. If you decide that you’d rather not move forward with your case, that’s ok!

So get in touch today and we’ll connect you in just 10 minutes or less. Get a legal team working on your side.

Bodily Injury Claim | 4 Ways a Personal Injury Lawyer Can Ensure You Get Full Value

Topics and Questions this article covers: What factors affect a personal injury settlement? | How is settlement value calculated for bodily injury claims? | Why it is good to have a lawyer for a bodily injury claim? | How do I maximize my personal injury claim? | Get a free consultation with a personal injury lawyer near you

When a motor vehicle accident occurs, the injury victim may have a complex damage claim that involves both property losses and bodily injury-related losses.  Getting fully compensated therefore requires a high-level of skill and experience. 

Maximizing your compensation is extremely important — especially in cases where you’ve suffered severe injuries.  Why?  Severe injuries can impact everything from work, to lifestyle, and more.  This can disrupt your life heavily.  The ongoing burdens can be too much to bear.  Obtaining a “small” compensation in return may not be enough to help. 

That’s where a personal injury attorney comes in.  Experienced attorneys are relentless advocates who will stop at nothing to secure the maximum possible compensation on your behalf. 

Let’s take a look at what they do, and how. 

Factors of a Personal Injury Settlement

What Factors Impact Injury Compensation? 

In the vast majority of cases, injury victims receive significantly more compensation when they hire an experienced personal injury lawyer. 

Other factors that can impact how much a victim can receive for their claim include: 

  • The type and severity of their injuries 
  • The pain and suffering they experience 
  • The value of their property damages 
  • Their medical bills and expenses 
  • The insurance policy limits of any applicable insurance policies 
  • If more than one party was at fault for the accident 
  • The jurisdiction where the lawsuit is or would be filed 

How is Settlement Value Calculated? 

How much compensation injury victims receive depends on a combination of their claimed economic and non-economic damages. 

Economic damages reflect purely financial losses, such as lost wages, property loss, and medical expenses. Economic damages are somewhat “easy” to measure, though they do require extensive documentation to support the claim. 

Noneconomic damages reflect non-financial losses, such as pain and suffering, mental anguish, and quality of life degradation.  These can be significantly more difficult to measure, and skilled attorneys know how to persuade the court as to the “accuracy” of their calculation. 

Now, how do you know what you’ll get in a settlement?  Essentially, settlement is a reflection of the “risk” in litigating the claim all the way through to trial. 

The more likely it is that you’ll “win” your claim if it were to go to trial, and secure the damages that you’re claiming, the higher the settlement amount is likely to be. 

For example, suppose that you’re claiming $100,000 in damages in a car accident dispute.  The defendant acknowledges early on that they were at fault (so there’s a 100 percent chance that they will be found liable in court).  But they disagree that you suffered $100,000 in damages, instead saying that you suffered only $50,000 – and it seems like there’s a 50 percent chance that your damages claim will accepted by the court. 

Given these factors, a settlement splitting the difference ($75,000) would be fair to both sides, as it avoids exhausting and uncertain litigation while reaching a reasonable compromise based off expectations. 

The Importance of Having a Lawyer for Your Bodily Injury Claim

Why Hire a Personal Injury Lawyer?

Personal injury lawyers take many steps and have many ways to ensure you get the full value of your injury claim. Four of the most essential ways a personal injury lawyer can help are: 

  1. Knowledge and experience in personal injury law and bodily injury claims
  2. Highlighting the strengths of your injury case
  3. Negotiation skills
  4. Protecting their client from insurance companies

Knowledge and Experience 

Personal injury attorneys bring invaluable knowledge and experience to the table. Based on their experiences and recent cases in your area, they have a good idea of how much your claim is worth. With this knowledge, they can hold out for a reasonable settlement offer from the insurance company. However, you likely don’t have the background to know what your claim is worth and therefore run the risk of settling for much less than you deserve. Discussing your case with an attorney first is always a priority before speaking with an insurance claims adjuster.  

Highlighting the Strengths in Your Personal Injury Case 

Your lawyer will look for the strengths in your case and highlight them to the insurance company. For instance, if you were in a car accident and the driver who hit you was driving on a revoked license or had several accidents in the past, and you have a clean driving record, your attorney can use this to your advantage. At the same time, they can point out the weaknesses in the at-fault party’s claim, which can also give you more leverage for a higher settlement.  

Negotiation Skills 

Experienced attorneys know how to negotiate. They know the strengths and weaknesses in both sides of the case and point out the ones they can use to your benefit when working on negotiating a fair settlement. They anticipate the insurance company’s moves and know how to refute their arguments. A good attorney isn’t afraid to stand up for their client’s rights and advocate for them.  

Protecting You from the Insurance Company 

Insurance companies use many tricks and tactics to attempt to pay less than the full value of a claim or to shirk their responsibility to pay it all. For example, they can ask you for a recorded statement about your accident and injuries. Even though you are under no obligation to provide such a statement, they can make it seem necessary to process or expedite your claim. If you agree to one, they can ask you questions and manipulate your answers or ask you leading questions that are designed to get you to say things that justify a lower settlement offer or a complete denial of your claim. 

How Do I Maximize My Settlement? 

Injured parties can take many actions to help maximize their settlement. 

First, they should seek medical care as soon as possible. They want to get all injuries documented on the medical record. Then, they need to hire a reputable personal injury attorney. Cooperating with their attorney and getting them any necessary information when they ask for it will help maximize and expedite your claim. Other actions you can take to help maximize your personal injury settlement include: 

  • Following your doctor’s medical advice 
  • Collecting evidence 
  • Keeping records, bills, and receipts to submit to your attorney 
  • Avoid speaking to the insurance adjustor without your attorney present 
  • Don’t accept a settlement without first speaking to an attorney 

Maximize Your Settlement by Getting Legal Help Today 

Call us at 1-800-THE-LAW2 or complete the form here to get connected to an experienced personal injury attorney in just 10 minutes or less. They will assess your bodily injury claim and discuss your next steps to get you on the road to obtaining the accident compensation you are entitled to receive for your personal injuries. Consultation is free, so don’t delay! 

How Do Contingency Fee Arrangements Work in Personal Injury Cases? | Personal Injury Lawyer Near Me

Concerns over the “affordability” of a lawyer often deter many people who need legal help. 

The affordability of legal assistance is an especially important issue for those who have sustained physical injuries, as they may have to take unpaid time off work (and are burdened by medical expenses, too). 

Fortunately, this concern isn’t a real one. Most personal injury attorneys work on a contingency fee basis, unlike other attorneys. As such, they don’t cost any money out-of-pocket. They only get paid when you get paid. 

Simply put, most personal injury attorneys are “free” until you get paid, at which point you give them a percentage cut of your compensation (anywhere from 25 to 35 percent, usually). This makes legal assistance extremely accessible to everyone, regardless of income. 

And what happens in the event that your attorney isn’t able to successfully secure compensation for your injuries? Good news. You don’t owe them anything. Not a dime. 

When Do You NOT Need an Attorney After an Accident? 

You ALWAYS need an attorney. No, seriously. You should ALWAYS speak to an attorney after an accident, even if just to have your case evaluated to determine whether you have an actionable legal claim. 

If you don’t, you’re leaving money on the table. And the thing is: it doesn’t cost anything to speak to an attorney and have your case evaluated. So why would you NOT have a brief discussion and see where it leads? 

It’s better to have an experienced attorney review the details of your accident and potential injuries to determine if you have a valid claim than to move forward without a legal opinion, thus leaving money on the table (that you deserve to receive in compensation for your damages). 

Most personal injury attorneys don’t charge an initial lawyer consultation fee, so it costs you nothing to find out if you have a claim for compensation.  

Even if you don’t think you have the money to pay an attorney upfront, with 1-800-the-law2, you don’t pay unless our attorneys secure compensation on your behalf. Contingency fees ensure that you can pursue your claim without any initial costs whatsoever. 

What is an Attorney Retainer? 

Typically, attorneys who will be doing ongoing work or an undetermined amount of work for their client will ask for a retainer agreement, and will charge both a baseline “retainer” fee as well as hourly fees. This type of arrangement is common with business and family law attorneys. However, most personal injury attorneys don’t charge retainer fees or hourly fees. Instead, most personal injury attorneys work on contingency.  

Contingency Fees 101 

Contingency fees require no upfront or out-of-pocket payment. Instead, you sign an agreement that the lawyer will represent you through the resolution of your personal injury claim. In return, you agree to pay them a certain percentage of the compensation you receive when you receive it. Usually, this is between 25 to 40 percent, but it can vary depending on many different factors.  

If the lawyer doesn’t obtain compensation on your behalf, then you don’t pay anything. 

This is quite different from having a lawyer on retainer, where you agree to pay them no matter the outcome. With contingency fees, the risk is 100 percent on the attorney. You don’t take on any of the risk burden. 

How Important is a Good Lawyer? 

Hiring a skilled lawyer to represent your injury claim is imperative. After all, a skilled attorney is more capable of securing a financial recovery on your behalf. Ready to call a car accident lawyer? Here are 4 things to look for.

What Sort of Qualities Define “The Best Car Accident Lawyer” for a Personal Injury? 

You want a lawyer who is highly experienced in personal injury law, particularly in representing clients who have injuries similar to yours or whose injuries were caused by a similar situation, such as a car accident or a slip and fall. You also want an attorney who: 

  • Works on contingency fees 
  • Has a positive reputation 
  • Enjoys good online reviews 
  • Is in good standing with your state bar 
  • Demonstrates compassion and understanding 
  • Is a skilled negotiator 
  • Stands up to big insurance companies  
  • Is willing to take your case to trial if it becomes necessary 
  • Has the time and resources to manage your case now 
  • Will return your calls promptly 

Do You Need to Retain an Attorney for Your Personal Injury? 

Remember that even if you don’t think you have a claim or believe your injuries are minor, it’s always in your best interest to speak with a personal injury attorney to clarify your legal rights and options. You could be owed compensation for your injuries and damages. If you don’t have a qualified attorney review your case, you may never know. 

Call us at 1-800-THE-LAW2, or complete the form on this page, to get connected to one of our skilled attorneys in just 10 minutes or less. Thanks to contingency fees, you won’t have to pay anything out of pocket to get started. 

Frequently Asked Questions About Contingency Fees

What is the standard contingency fee for an attorney?

In most cases, personal injury contingency fee percentages hover around 33 percent. Many contingency fee agreements are based on a sliding scale percentage that may shift depending on: the expected payout, how long it takes to resolve the personal injury claim, and the phase of litigation.

Do contingency fees include expenses?

If you don’t have insurance, or if your providers are refusing to cover the costs, your attorney can possibly get you connected to medical providers who will bill you on a contingency basis. This means that the medical provider agrees to provide care temporarily, at no cost. They will be paid later, if and when you secure compensation in your personal injury case.

How much do attorneys cost?

Hiring an attorney for your accident injury claim does not cost anything up front. First, most personal injury law firms offer a free initial consultation to get started. Using this, you can get a fresh, professional perspective on your legal case. And, know how to best move forward. Secondly, in personal injury disputes, attorneys offer some type of contingency arrangement. This creates a win-win situation for both the injured individual, as well as the civil attorney.

What is a retainer fee for a lawyer?

Attorney retainer fees are not the same as a contingency fee. For more information about the process and meaning for this term and how it differs from contingency fee arrangements, see this article section: Lawyer Retainer Fee.

Take Action Against Wrongful Termination Because of Covid-19 | Employment and Labor Law Attorneys

The pandemic has lasted for more than two years, but with medical advances and new variants reducing the severity of Covid-19 illness, employers have started to take the virus less seriously. Employees are increasingly realizing that they could face wrongful termination for having to quarantine or taking time off due to getting sick from Covid-19. 

Fortunately, under some circumstances, getting fired for having Covid-19 can give rise to a legal claim against your employer. This may be a bit difficult to understand, so let’s explore some basic issues. 

Call 1-800-THE-LAW2 for a free consultation with a labor law attorney today.

Topics and questions this article can help to answer:

Did You Face Wrongful Termination for Covid?

Can you get fired for having Covid? As the pandemic slowly normalizes, workers are increasingly finding that their employers are pressuring them to work despite getting Covid. Sometimes, a particularly “bad” employer will threaten to fire, or unfairly dismiss, employees who get Covid and decide not to come into work. This is unacceptable behavior. 

If you experienced unfair dismissal from Covid or were fired for having to take time off to recover from being sick, then your employer could potentially be found liable for wrongful termination for Covid. But, only if you don’t have medical days left to take off. 

Covid, Wrongful Termination And FMLA Leave

It’s important to understand that the United States does not actively protect sick workers from the bad behavior of their employers, even if they have an infectious disease, such as: Coronavirus. You can only claim wrongful termination for covid or unfair dismissal if your employer illegally fired you when you still had medical leave, as this is considered a violation of the Family Medical Leave Act (FMLA).

If you already used up your annual medical leave, however, then your employer is legally entitled to fire you for missing work due to Covid.

Find the best lawyer for wrongful termination for Covid near you.

Covid Discrimination At Work

That being said, all is not lost. If you were fired due to getting Covid, it is possible that other workers did not face wrongful termination despite getting Covid-19. And, it’s also possible that these employees have no medical leave. In that case, you may be able to show that you were wrongfully terminated for retaliation or some other discriminatory reason, such as your age, gender, race, religion, and so on. This in turn, would entitle you to a lawsuit against your employer for discrimination or retaliatory behavior.

Taking Time Off From Work For Covid

It’s also worth noting that even if you have no Medical Leave left at work, if your employment contract gives you the right to take time off due to Covid-19, your employer cannot violate that right. They could be found liable for wrongful termination for Covid, in that case.

Find a labor lawyer near you.

Can I Sue My Employer If I Get Covid?

This is an important and common question: can you sue your employer if you get sick with Covid on the job? It depends. First, in order to successfully sue your employer for damages, you would have to show that you suffered losses due to Covid. If you were not severely ill, or otherwise didn’t suffer any major, long-term consequences, then you may not even have any losses to claim as damages in a lawsuit. 

For example, suppose that you get Covid while at work. You get sick for 4-5 days, and the illness is relatively minor. You don’t experience any long-term effects as a result of being sick. Under these circumstances, there are no real losses to claim. 

Can I Sue A Company For Putting Me At Risk For Long Term Covid?

Let’s assume that you do have long term losses. Perhaps your experience with Covid was severe, you have long term Covid-19, and you sustained long-term harm to your lungs. You’ve permanently lost lung capacity, and now will be unable to engage in regular exercise. Your physical and mental health are now impacted for the rest of your life. Under these circumstances, you could potentially sue your employer for damages. However, you would still have to show that your employer is at fault for exposing you to a heightened risk of Covid. 

Covid Negligence Lawsuit

Whether your employer exposed you to a heightened risk of getting Covid depends on a number of circumstantial facts. For example, if your employer pressures your co-workers to come into work even when they’re sick, that would potentially be enough to find them liable. If your employer is negligent, doesn’t provide masks, or discourages employees from wearing masks at work, that could also be enough to find them liable.

Call 1-800-THE-LAW2 for a free consultation with a labor law attorney today.

Were You Fired Illegally During the Covid-19 Pandemic?

If you’ve been fired from your job due to you getting sick with Covid-19, or in some way related to protocols for Covid-19, then you may have a right to sue your employer for damages. In certain cases, a Covid firing may qualify as wrongful termination, and is against the law.

Covid-related legal actions can be complex and difficult to understand. For that reason, it’s critical that you work with a wrongful termination lawyer who can help you navigate the legal dispute effectively. 

Call 1-800-THE-LAW2 for a Free Consultation

Call 1800THELAW2 for a free and confidential consultation. We’ll get you connected to one of our experienced network attorneys for accident or injury cases in just 10 minutes or less.

Settlement 101: Maximize Your Chances of Winning a Personal Injury Lawsuit 

If you’ve been injured in an accident, you may be confused, overwhelmed, or curious about the possibility of a personal injury lawsuit and the odds of winning a case, or reaching settlement. We understand completely. The general public holds many misconceptions about personal injury law and the litigation process. In an effort to make it easier to understand, let’s take a moment to explore the concept of personal injury settlements. 

You don’t have to worry about “winning.” Compensation is available through a settlement compromise with the defendant, the side that’s at fault for your injuries. Even though popular TV shows and movies have led the public to believe that a courtroom dispute is normal, settlement is much more common than trial litigation in court.

How do settlements work, and why are they so common?  Allow us to explain. 

What Percentage of Personal Injury Cases Go to Trial? 

The vast majority of personal injury cases are settled before trial. In fact, industry observers estimate that more than 95 percent of cases end in settlement, not trial. But, why is there such a large discrepancy? 

Personal Injury Lawsuit Settlement Amounts

To better differentiate the settlement process from litigation process, it is important to know that trial is usually a burden for both the defendant and plaintiff. It is:

  • Expensive
  • Time consuming
  • And most of all, uncertain

Settlement Is One Way to Measure Personal Injury Cases Won

In order to minimize the cost and risk of trial litigation, most parties will simply agree to a sensible settlement amount. This allows them to avoid trial while achieving a result that isn’t unacceptable. Uncertainty is fundamental to any trial. Even if you have an excellent case, there is uncertainty surrounding:

  1. Whether the court will find that the defendant is liable for your injuries, and
  2. How much the court will award in damages

It is entirely possible for you to win your case but receive the award of a lower damages amount than expected. For example: $50,000, versus the $100,000 that you desired. This uncertainty is rather significant. Reaching a settlement compromise helps both parties avoid this, and it has the added benefit of saving time, effort, and financial resources. 

How to Increase Your Odds of Winning

The key to a successful personal injury dispute, then, is to maximize the amount that you recover through a negotiated settlement. If you can bring a persuasive claim for liability and damages, then the defendant will offer a higher settlement amount, as this reflects the changed risk profile of the case. 

Confused?  Let’s explore how personal injury settlements are actually calculated by experienced attorneys. 

CALL 1-800-THE-LAW2 FOR A FREE CONSULTATION TODAY.

Personal Injury Settlement Calculator: the Basics 

How Much Should You Ask for in a Settlement?

There is no objective calculator used to determine how much you could make through a settlement. If you understand how settlement negotiations work, you may have a better sense of what to expect. 

As a general rule, settlement amount correlates to three factors:

  1. Success of your claim
  2. Defendant liability
  3. Damages attached to your claim

This can be a bit difficult to understand, so we’ll use a quick example to explain. Suppose that you are injured in a car accident with another driver. Your claimed damages are $100,000. You and your accident attorney gather all the necessary evidence, and formulate a persuasive legal argument. Now, suppose that the evidence is strong, so you have an 80 percent likelihood of proving liability at trial. Your damages claim is also cautious, so the court is likely to agree with the damages potential. 

A fair settlement would account for that 80 percent likelihood, and so both parties consider a settlement amount of $80,000, or around that amount, reasonable. In this instance, both parties avoid the hassle and cost of trial litigation, and you are able to, mostly, get what you want. 

Find an Attorney to Help You File a Personal Injury Lawsuit

If you’ve been injured in an accident, you may be entitled to significant damages.  Bringing a lawsuit doesn’t have to result in a courtroom trial, however.  In fact, most legal cases resolve through a negotiated settlement. 

Call 1-800-THE-LAW2 for a Free Consultation 

Settlements are win-win for both parties, assuming that the dispute hasn’t turned too hostile. 

To ensure that you maximize your settlement, it’s important that you work with an experienced personal injury lawyer.  Here at 1-800-THE-LAW2, we maintain a large network of experienced attorneys who can help.  Call us today for a free consultation.  We’ll connect you to an attorney in just 10 minutes or less. 

Top 11 Personal Injury FAQs

This article can help you answer these top 5 personal injury FAQs:

Frequently Asked Questions, or FAQs, About Personal Injury Cases

How Do I Know if I Have a Personal Injury Case?

Speak with a personal injury lawyer. Our personal injury lawyers will talk to you for free to determine if you have a valid case. Don’t rely on the advice of the internet or your friends because they simply can’t tell you what an attorney can. The biggest question is whether you can prove that someone is responsible for your injury; this isn’t always an easy question to answer, and that’s why you should talk to a lawyer.

How Much Compensation Can I Get?

Personal injury cases can vary drastically in value. The case is worth what your damages are. Damages can be medical bills, loss of wages, missed days of work, etc. One guide is to ask how much your medical expenses are. If you have 500 dollars in medical bills your case is worth much less than if you have 50,000 dollars in medical bills. The most open damages are “pain and suffering.” Some would say that pain and suffering is usually three times the medical bills.

What Are the Most Important Things to Do Right After an Accident?

It’s always wise to get medical attention if you are hurt in an accident. With car accidents, make sure to get a police report. Do this even if the other driver tries to pressure you into not calling the police, as it is one of the most important first steps to take. Take pictures, get a police report, get medical attention, get the other driver’s insurance information and license plate.

What Kind of Cases Do Personal Injury Lawyers Handle?

Personal injury lawyers handle a variety of disputes. In fact, any dispute centering around an injury caused by another party’s negligence, recklessness, or intentional misconduct “technically” falls under the umbrella category of personal injury. Personal injury disputes include, but are not limited to, the following:

What Are the Most Common Types of Personal Injury Cases?

Though personal injury is a broad category that covers everything from pedestrian accidents to
slip and fall accidents, the most common “type” of personal injury dispute are MVA claims, or motor vehicle accident claims. In this sub-category, there is a lot of variety as well. The litigation process for a blind side-impact collision is different than that of a multi-car pileup starting from a rear-end collision.

What Are Personal Injury Cases?

Personal injury is a broad umbrella category that describes any dispute linked to an injury related loss. Typically, this loss is caused by the defendant’s negligence, recklessness, or intentional misconduct. For example, a car accident claim and a slip and fall claim would both fall under personal injury.

What Is the Meaning of Personal Injury?

Personal injury is simply a legal case “type” that helps lawyers and courts define a particular category of claims. Personal injury is linked to any claim that arises from an injury related loss. For example, if you get hurt in a car accident, then you have sustained an injury that would give rise to a “personal injury claim.”

What Is the Difference Between Bodily Injury and Personal Injury?

Bodily injury describes the type of injury (physical), whereas personal injury is a case categorization that covers all injury focused claims, such as emotional distress.

How Bad Does an Injury Have to be to Claim?

It has to overcome what is referred to as the “de minimis” baseline. This is extremely dependent on the court’s discretion, but generally speaking, if you haven’t suffered any financial losses due to the injury, it’s not bad enough to be a claim. If you have suffered financial losses, that’s enough to generate a legal claim. This also applies to a minor loss due to a sprained ankle. A tiny, surface-level cut on one’s finger, which required no medical care, is probably not enough to generate a legal claim.

What Is a Personal Injury Claim?

Personal Injury Claims

A personal injury claim is a case in which you were hurt because of something that somebody else did or was responsible for (e.g., a car accident, truck accident or slip and fall). This usually occurs when someone is negligent. A personal injury lawyer will be able to tell you whether your situation is a personal injury case.

What Does Negligence Mean?

Negligence definition

Negligence defined is basically when someone doesn’t do what they are supposed to do. For example, drivers are supposed to stop at red lights. They have a legal responsibility to do so. So, if a driver sees a red light but doesn’t stop, they were negligent. If they run the red light and cause you to be hurt, then they are responsible for the damages that result from their negligence.

Find an Attorney to Help You File a Personal Injury Lawsuit

Here at 1-800-THE-LAW2, we maintain a large network of experienced personal injury lawyers who can help.  Call us today for a free consultation.  We’ll connect you to an injury attorney in just 10 minutes or less.

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