The burden of proof for a negligence claim is “beyond a preponderance of the evidence”. A preponderance of the evidence is the lowest burden of proof. This means that the Plaintiff must show that it is more likely than not that the defendant was legally responsible for the subject accident and that their damages were […]
You generally have two years after the date of your accident to file a negligence claim for your personal injuries. You have three years after the date of your accident to file a claim for property damages sustained. If your case involves a government entity, the statute of limitations will be six months or less.
If a lawsuit is filed, your deposition will likely be taken. This involves appearing over zoom (or occasionally at a law office or court reporters office) to give testimony under oath. Most depositions last a few hours. You cannot be deposed for longer than 7 hours without the court granting an extension. The defense is […]
While contingency fee agreements are negotiable and not set by law, many contingency fee arrangements will increase the lawyer’s legal fee if a lawsuit is filed. This is because the amount of work and attention devoted to your case will increase dramatically after a lawsuit has been filed. Litigation is a complicated and time-consuming process, […]
Yes, there are many costs associated with filing a lawsuit. First, the filing and jury fees themselves are approximately $600. Second, there are costs associated with the discovery process that include subpoenaing records, depositions, investigation costs, and possible mediation costs — all before even getting to trial. Only 2%-3% of lawsuits actually go to trial […]
Not necessarily – most claims settle without filing a lawsuit. However, there are numerous factors affecting whether your case will be settled at the insurance claim stage. Some factors that may increase the likelihood of litigation include: disputed liability high damages treatment red flags (gaps in treatment, mis-diagnosed injuries, pre-existing conditions, etc.) the cooperativeness of […]
While there are many factors that go into whether a cyclist receives a fair settlement, there are a few things nearly everyone can do after a crash to increase the likelihood of a fair settlement. For instance, it is important to carefully document your injuries, and get any medical treatment that you need. Take pictures […]
It is impossible to predict with any accuracy how long it will take for your claim to settle, as many variables outside our control affect the resolution of your claim. Normally, we recommend waiting until you have completely recovered before negotiating a settlement. After you have completed treatment, we order all your medical records, medical […]
The insurance company needs to understand how the accident occurred, what your injuries are, how those injuries affected you, and who you are as a person. The insurance company will not take anything you say at face value. They are looking for objective evidence of your injuries. This means documentation from third parties. If you […]
It is usually a bad idea to try to settle your own claim and only retain an attorney if it cannot be resolved, because you can unintentionally harm your own case. Dealing with insurance companies can be complicated and difficult. Insurance companies are for-profit and do not make money from paying out claims. Most individuals […]