Want to know more information about Personal Injury Law?
The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, on a cruise ship, product defect accidents (product liability) and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and peritoneal mesothelioma, chest diseases (e.g., emphysema,pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease),vibration white finger, occupational deafness, occupational stress, contact dermatitis, and repetitive strain injury cases.
Depending upon the intent or negligence of a responsible party, the injured party may be entitled to monetary compensation from that party through a settlement or a judgment. Attorneys often represent clients on a "contingent fee basis" in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved, with no payment necessary if the case is unsuccessful. Typically, a Plaintiff attorney charges 1/3 of the proceeds recovered if a case is settled out of court or 40 percent if the matter proceeds to trial.
Depending upon the intent or negligence of a responsible party, the injured party may be entitled to monetary compensation from that party through a settlement or a judgment. Attorneys often represent clients on a "contingent fee basis" in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved, with no payment necessary if the case is unsuccessful. Typically, a Plaintiff attorney charges 1/3 of the proceeds recovered if a case is settled out of court or 40 percent if the matter proceeds to trial.
Important Information if you have been injured:
After you are seen by a physician, you should contact us so that we can evaluate your case and provide personal advice catered to the particulars of your situation. Additionally, since you may not know what to expect, I would like to acquaint you with the general pattern of how I handle cases of this type. I will first notify the other party and their insurance company that you have retained me as your attorney. If you are contacted by the Defendant or their insurance company please refer them to my office.
I will send letters to all physicians and hospitals involved in the case, and request copies of your medical reports and bills. Any police officer who may have been involved will be interviewed, and witness will be contacted. It is important to know that no case is settled or taken to trial until the exact nature of the client's medical condition and all investigation surrounding the incident has been completed.
As soon as the investigation has been completed, and all necessary information obtained, I will evaluate the case and discuss it with you so that we can arrive at a proper settlement figure. If a reasonable settlement cannot be reached with the insurance company, we will consider the advisability of filing a lawsuit.
It may be advisable to engage in that which is called alternative dispute resolution. This could include mediation and/or arbitration. Mediation is where parties agree to try to solve their matters with an independent professional who serves as a mediator to try to facilitate the parties reaching a fair settlement. Arbitration is where an independent professional decides the case rather than a Judge and Jury. This could be a good resolution in part because of the saving of costs for experts.
In addition I would like you to carefully read the following suggestions:
Generally, in personal injury cases, there is a flurry of activity at the beginning and at the end. At the beginning of the case I am trying to obtain all of the information I need such as photographs and evidence or statements from witnesses because those photographs will not be available later and evidence may become unavailable or witnesses memories may fade. After that initial flurry of activity, I will check on you about once a month as to your ongoing treatment. If something significant happens, I want to know about it right away. If I am not available you can also speak with my assistant, or leave me a message, or send to me an email. I try to return calls immediately, but this is not always possible as there are occasions when I may be ties up such as being in a Jury Trial for several days.
I intentionally keep my Retainer Agreement short and simple. Some people do have questions about how my representation works. When a settlement figure is discussed with the client, sometimes I receive a question such as "is that the amount I get after paying all of the doctors bills?" When we discuss settlement, we are talking about the total figure to be received before my fee, balances of any medical treatment, and expenses are taken out of this figure. What you would ultimately receive is the total minus the attorney's fees , expenses and treatment balances. By way of example, if your case were to settle for $15,000, which is just a figure I have chosen out of the air to provide an example, my fee would be one-third of that settlement amount, or $5,000. From the $10,000 balance expenses needs to be paid and the balances of medical bills need to be paid. At the beginning of a case the expenses tend to be low. I will receive charges anywhere between $10 and a few hundred dollars for copies of medical records. There will also be a fee from the investigator if we elect to use one. Larger expenses generally occur when we go to trial or conduct any depositions, or use witnesses or medical experts. Those experts could have costs in the thousands.
I appreciate very much your confidence in having me represent you in this matter. I will make an effort to keep you informed as to the progress of your case. If you have any questions at any time about your case, or if I can be of assistance in any other matter, please do not hesitate to call.
Yours truly,
Bryan L. Ragland
I will send letters to all physicians and hospitals involved in the case, and request copies of your medical reports and bills. Any police officer who may have been involved will be interviewed, and witness will be contacted. It is important to know that no case is settled or taken to trial until the exact nature of the client's medical condition and all investigation surrounding the incident has been completed.
As soon as the investigation has been completed, and all necessary information obtained, I will evaluate the case and discuss it with you so that we can arrive at a proper settlement figure. If a reasonable settlement cannot be reached with the insurance company, we will consider the advisability of filing a lawsuit.
It may be advisable to engage in that which is called alternative dispute resolution. This could include mediation and/or arbitration. Mediation is where parties agree to try to solve their matters with an independent professional who serves as a mediator to try to facilitate the parties reaching a fair settlement. Arbitration is where an independent professional decides the case rather than a Judge and Jury. This could be a good resolution in part because of the saving of costs for experts.
In addition I would like you to carefully read the following suggestions:
- Do not discuss your case with anyone other than your attorney or his assistants, and your doctors.
- Do not sign anything with respect to your claim until you have checked with me.
- Obtain a receipt and keep a record of all prescriptions which are related to the accident, and forward them to me.
- Notify me of any change in address.
- Notify me when any doctors who are treating you have released you from their care.
- Keep notes of your pain and inconvenience, preferably on a calendar.
- Keep each and every appointment with all of your healthcare provider. If for some reason you cannot keep an appointment, please call that health care provider as soon as you can to cancel. "No Shows" can seriously damage your case.
- In order to properly prepare and present your claim for injuries, it is necessary to make every effort to follow the instructions and recommendations of your health care providers.
- It would help your case if you tell us about any prior injuries, prior treatment or prior pain to any parts of your body. Many good cases are lost when the injured person conceals to forgets about a previous injury.
- Tell each one of your healthcare providers your complaints each time you visit. The doctors' records can only be as complete as what you tell them. Down the road defense attorneys will pick apart records that do not show your pain complaints.
- Insurance companies do not pay money willingly. Insurance companies will also investigate the facts very thoroughly and may hire investigators to clandestinely film your activities.
- You may not delete information on your social websites. However, from this day forward please do not place anything on your social websites about your accident/incident or injuries as the opposing side will have access to that information, and as a good practice also adjust your privacy features, so that this information is not visible to people that you do not know.
Generally, in personal injury cases, there is a flurry of activity at the beginning and at the end. At the beginning of the case I am trying to obtain all of the information I need such as photographs and evidence or statements from witnesses because those photographs will not be available later and evidence may become unavailable or witnesses memories may fade. After that initial flurry of activity, I will check on you about once a month as to your ongoing treatment. If something significant happens, I want to know about it right away. If I am not available you can also speak with my assistant, or leave me a message, or send to me an email. I try to return calls immediately, but this is not always possible as there are occasions when I may be ties up such as being in a Jury Trial for several days.
I intentionally keep my Retainer Agreement short and simple. Some people do have questions about how my representation works. When a settlement figure is discussed with the client, sometimes I receive a question such as "is that the amount I get after paying all of the doctors bills?" When we discuss settlement, we are talking about the total figure to be received before my fee, balances of any medical treatment, and expenses are taken out of this figure. What you would ultimately receive is the total minus the attorney's fees , expenses and treatment balances. By way of example, if your case were to settle for $15,000, which is just a figure I have chosen out of the air to provide an example, my fee would be one-third of that settlement amount, or $5,000. From the $10,000 balance expenses needs to be paid and the balances of medical bills need to be paid. At the beginning of a case the expenses tend to be low. I will receive charges anywhere between $10 and a few hundred dollars for copies of medical records. There will also be a fee from the investigator if we elect to use one. Larger expenses generally occur when we go to trial or conduct any depositions, or use witnesses or medical experts. Those experts could have costs in the thousands.
I appreciate very much your confidence in having me represent you in this matter. I will make an effort to keep you informed as to the progress of your case. If you have any questions at any time about your case, or if I can be of assistance in any other matter, please do not hesitate to call.
Yours truly,
Bryan L. Ragland
