I am still so surprised to hear that MOST people do not really know the basics behind a personal injury action, and even more surprising, they ARE NOT PURSUING VALID CASES because of the worst misconception out there – that they cannot afford to pay for a lawyer.
This post is a reminder that everybody needs to pay attention to. It is still shocking that a vast majority of people still do not understand that if you are hurt or seriously injured as a result of the actions of another person or a company, like a car accident or construction accident, and you need to hire an attorney to represent you then there will be absolutely no out of pocket costs for your initial consultation and even for the handling of the entire case. This also includes all of the costs and expenses of the law suit which the lawyer will pay out of pocket, not the client. THIS is what is commonly called “the no fee promise”.
And not knowing this is not anybody’s fault because most of us grow up with the idea that if you need a lawyer it is going to be an expensive proposition. But I think no matter how many times someone unfamiliar with this legal world hears about “the no fee promise”, even if its genuinely conveyed by an attorney such as myself, it’s hard for most people to understand or grasp, and it’s because they don’t know the reason why.
In this post I want to explain to you why this exists so that you understand it and you can explain it to other people who are hesitant to go forward with an injury lawsuit because they do not think they can afford the cost of their lawyer.
So, the reason that there is no out of pocket costs in pursuing a personal injury lawsuit is because generally speaking us lawyers and all the lawyers that have come before us have worked on basically all types of cases that can come our way. So we essentially know when we can typically expect to win a case based on the law and we also generally know based on: the injuries, the insurance policy at play, and certain other variables, what the general monetary value of the case is. Now that’s not say each case is not unique, because they are, I am talking very generally about types of cases. Especially here at Segal law firm even if it’s a new type of case we will do all the research necessary to make sure that if we take on a case it is a viable winnable case under the law.
And so that is the reason that we can advance the costs of a litigation such as all the filing fees and expert fees which can often be in the 10s of thousands of dollars for a case. And that is why we’re all so comfortable by taking what’s called a contingency fee, which means we will not get paid unless we recover for our client – again, because we know the law and we know that we will likely eventually recover for our client. We could not and would not constantly be investing money into cases that are long shots. We would go out of business.
And although I could stop there, I want to take a step back for a second and explain that the law provides for money damages because as much as we and our clients would desperately want to go back in time and take back what happened them, we cant do that. We can’t make them not hurt anymore – we can’t un-ring that bell. And so for that reason the law provides for money damages as a remedy because it’s the only option we have to compensate the person for what was taken from them – typically their health and their freedom to live as they would choose.
And that is why it pains me at every trial to hear the insurance companies’ lawyers (because that’s who’s paying at the end of the day in 99% of these cases the insurance company) when I hear their lawyers say “oh this lawsuit is just a money grab.” If you’re ever on a jury and you hear an insurance company’s defense lawyer say that you should automatically not believe a plaintiff because she is suing for money, just know that is almost never the case. In fact, that is the injured persons only option.
A case that has no merit under the law that is “a money grab” would have been tossed out of court well before a trial. And again, to circle back, that is why we do not take cases that we know we cannot win under the law
This “money grab” argument is simply a low hanging fruit made without any real thought because quite frankly there’s nothing else that they can say and it’s designed simply to get the jurors to forget about the facts and the evidence and forget about everything that was taken from the plaintiff and instead to focus on what the insurance company has to pay. The insurance company has these funds, by the way because all of their insureds like you and I have been paying their premiums FOR this protection from them. Its not even their money.
And so at Segal law firm we stand by our cases. We stand by every single one of our clients. We are not suing people or companies in the hope that maybe we can get them to pay one day. We are seeking justice that the law of our great Country and the states the we sue in provide for.
And that is why we – the plaintiff’s bar – tell all of our clients you do not need to pay out of pocket for any of the legal fees or the expenses because under the law, if the judge and jury follow it, you are entitled to a recovery.
So one more time, if you or someone you love has been injured – get a consultation and move forward with a case if you have one – you do not need to be rich as you once thought!
