The El Dabe Law Offices work on a contingency fee basis, this means that we do not charge any upfront fees. If we do not win your case, we do not charge anything at all. It’s that simple. By working on a contingency fee basis, we make it possible for victims of injuries to focus on recovering – instead of worrying about legal fees.

Your first step after being injured, is to get medical treatment. If you delay getting treatment – the opposing insurance company may argue that you’re really not hurt – and that this is just an attempt at trying to get “free money.” It’s in the interests of the insurance company to pay you as little as possible, and this is one way for them to do that.

If you’re the victim of a personal injury, then you may be eligible to get compensation. Unfortunately, in order to file a lawsuit to get that compensation – you must file a claim within a period of time. If you don’t, you forfeit your right to file a claim – and get that compensation. Each state has different deadlines, when it comes to filing a personal injury lawsuit. The statute of limitations is very strict, and there are no exceptions to it. Many victims often lose their opportunity to get compensation because they don’t file a lawsuit in time. The statute of limitations is applied to your case from the day you experience your injury. This time limit can range anywhere from 1-6 years, depending on your state. If you’re intending on suing the government, the statute of limitations is typically much less.

The statute of limitations can be extended in some cases. With the discovery rule, the deadline to file a personal injury claim can be extended if the injured person wasn’t aware of the injury.  If it was only discovered after the statute of limitations that the defendant had a part in causing the injuries – this can be a cause for which the statute of limitations can be extended.

Another example where the statute of limitations may be extended – is where there is delayed symptoms. If you have been exposed to a chemical which didn’t create symptoms until many years, then the discovery rule would come into play. Even though the statute of limitations may have passed years ago – it can allow you to get compensation for your injuries.

In addition to the ways mentioned above, there are other ways to extend the statute of limitations. In the event the responsible party left the state after committing the injury – then the statute of limitations are temporarily frozen, while the party is outside of the state boundaries.

The statute may also be extended in the event the plaintiff was under the age of 18, mentally ill, or has a disability.

The top question we often hear is: how long will my case take. Many people wonder about this, even after they hire a reliable attorney. On average, the length of the case depends on a number of variables.

Your attorney’s workload: The more work your attorney has, the harder it is for him to expedite proceedings, and other legal tasks associated with your case. Many sole practitioners take longer to handle cases because they don’t have the necessary support staff. Less resources means the attorney is spending his time doing basic tasks, instead of focusing on your case.If you choose a bigger firm, they’re more likely to have enough resources to handle your case on a normal timeline.

Your medical treatments: Personal injury cases cannot be settled until medical treatments have concluded – or have entered into a long-term care. That means the bulk of the urgent care has been done, and now depending on your injuries – all that’s left is the long term care and maintenance, based on the disabilities you have incurred. It’s hard for a personal injury lawyer to settle a case – when a client is still incurring treatments. If your medical bills are going to continue to grow, it’s best to wait.

Fault: In some cases where liability isn’t clear, your attorney may need to conduct an investigation. When liability is clear, and evident – it’s easy to assign blame, and collect funds. In some cases, where there is partial fault on both sides, an attorney will need to conduct an investigation into the accident. That means finding witnesses, who can support the attorney’s claim that you weren’t at fault. Or, it might mean reconstructing the accident – based on forensic evidence.  Typically, the longer this phase takes, the longer your case will take to settle.

Personal injury litigation can take months, or years, before it concludes. After you pay the medical liens and legal fees, the plaintiff ends up with a lump sum, or a structured settlement. The next big question you probably have, is “will my settlement be taxed.” The answer is yes, and sometimes – no. It all depends on what the settlement money is for.

What part isn’t taxed

Any settlement which is for compensation for a physical injury, or illness, is not taxed. On-going medical costs, past+future lost wages, and compensation for mental anguish – can be included in the untaxed component of your settlement – so long as it was the result of a physical condition.

What part is taxed?

It’s always good to speak to a personal injury law firm to get the answer, since each case is different. If a settlement is compensation for the effect of a mental condition – not related to a physical injury, then it will be taxed. In large mass tort cases, the time between filing and the final verdict can be years. In cases like this, it’s common for the interest that’s accrued to be awarded to the plaintiff. The base compensation may not be taxed, but the interest on this settlement can be taxed.

If you have received proceeds from a settlement that may qualify to be taxed, then it’s important you realize that the funds will be taxed as capital gains – not income.

When people are injured in vehicle accidents and the other party is clearly to blame, it is common for the at-fault party’s insurance company to call and offer a settlement. To some people, the settlement amount may sound like a decent amount of money as a lump sum. However, it is always the minimum amount that an insurance company could offer. Do not take any settlements from insurance companies without consulting an attorney first. There are several reasons to avoid taking an insurance company’s settlement.

Future Medical Bills

While some people have apparent injuries immediately after an accident, there are often long-term repercussions that do not fully appear until several years later. These are due to damages from the accident. Injuries that develop and worsen over time usually have painful and permanent consequences. Attorneys who specialize in car accidents work with experienced doctors who can predict what types of future problems may arise from car accident injuries. The costs of treatments, medications and specialist visits for these issues may not be covered completely by health insurance. When they have the potential to be very costly, it is important to factor in those costs for a settlement.

Loss Of Income

Most people lose income after an accident. They may take time off from work. In some cases, people who are injured so badly that they cannot continue in their line of work are left to find another job or accept disability income. A settlement should cover training for another career and replace income while the injured party develops a new career. If this is not possible, the settlement should cover a considerable enough portion of lost income that it will compensate for the fractional nature of disability payments. Disability benefits from the government are never enough to completely replace previous income. In some cases, people receive about 60 percent of their previous income. Only an experienced attorney who is familiar with the process of car accident injury claims can recover a sufficient settlement.

Never accept an insurance company’s settlement offer. Insurers may claim that it is impossible to receive a larger settlement or that the offer is their final offer. Do not let them instill fear or anxiety. Call an experienced  personal injury attorney. The consultation is free, and the attorney only collects payment if a settlement or judgment is awarded from the lawsuit.

When most people become victims of car accidents, the first thing they think about is whether they need a lawyer. While it’s possible to get compensation without hiring a personal injury lawyer – it’s not a great idea. Many people mistakenly believe they can’t afford a lawyer. Most personal injury attorneys work on a contingency fee basis. That means they don’t collect any money upfront. They only get paid if they are able to get compensation on behalf of the victim. In exchange for this, the lawyer takes a % of the final proceeds as payment.

Often, we find people who try to negotiate directly with an insurance company get paid less than those with representation. The thing to remember is that insurance companies make money – by making the lowest payout possible. Many victims often sustain lifelong injuries. Some victims incur serious damages, like spine problems, joint damage, and even brain damage. Some have permanent disabilities and can never work. When this happens, the victim loses his/her income and has to live on measly disability checks.

In addition, with rising medical costs – it’s crucial you ensure that not only current expenses – but future medical expenses as well be covered. It’s likely that if you work with a personal injury attorney, you’ll be able to secure a much higher final verdict/settlement.

Often, many victims decide to take legal action after they are hurt. They wonder if they should hire an attorney or not. The person who injured you is most likely going to have an insurance provider. That company will also have their own lawyers, who are going to attempt to squash your case. When you realize this – you’ll understand it behooves you to hire an attorney. It’s crucial you have someone who understands the legal system, and who can help you obtain a settlement based on your injuries. Filing a claim is more than just filing forms. You have to make sure you can prove liability and in addition, damages. If there are no damages, the claim has significantly less value. Not only must you show there are damages, you have to prove those damages are from the defendant. That means you have to conduct a very extensive investigation that covers all your bases. Insurance companies know that most injured victims are ignorant, when it comes to the law. Having an attorney on your side means you won’t be bullied, or swayed to settle for a minor settlement. It increases your bargaining power, and can lead to a much larger settlement.

In some instances, it might be necessary to go to court. When that happens, you have to not only identify witnesses, but have to litigate the case in court. This may sound easy – but this isn’t small claims court, it can be difficult to know all the procedures. At the end of the day, while you can try handling your case on your own – it’s going to get messy real quick.

If you’re involved in a personal injury law suit, you may be entitled to compensation for a wide array of different things. Your final settlement’s value is based on these types of damages. There are two main types of damages that are available: compensatory and punitive. These damages are paid to the plaintiff’s insurance company. Below are some of the more typical types of damages we see.

Medical Expenses

This is common to many cases. If you’re a victim, you’re entitled to compensation for all of the medical care associated with your accident. You can get compensation for expenses already paid, or future expenses. If you have a disability, or need long term treatment, then it’s important you get all of your future medical expenses covered in your personal injury settlement/verdict. Often, compensation for future medical expenses can dwarf any other compensation you may get.

Lost Wages

Many victims often are unable to work, while getting treatment. In the event your injury is very severe – it may hinder your future work capacity. Our attorneys can help you get compensated for lost time from work. If you have a reduced work capacity, then our lawyers can help you get compensation for what your future estimated income potential would have been.

Property Damages

If any property was lost, damaged, or destroyed, as a result of your personal injury – then we can help you get compensation. Property damages are more straightforward, since it’s easier to recoup and estimate the value of the damaged property.

Pain and Suffering

Most personal injury victims get compensated for the emotional, psychological, mental, pain and suffering they endured as a result of their accident. This is typically in addition to the property damages, medical expenses, lost wages, and other compensation you may receive.

Loss of Consortium

This is less common form of compensation. Plaintiffs have to prove that their accident, or injury, resulted in a negative impact on their relationship with their spouse/partner. If you are unable to maintain a normal sexual relationship, or are unable to maintain a healthy emotional relationship – this could be grounds for loss of consortium damages. The damages for loss of consortium go directly to the affected spouse, or family member, rather than the plaintiff.

Punitive Damages

This form of damages is given above, and beyond, any compensatory damages. They are only given, in cases where serious injury has occurred – or where the defendant was so negligent, that the judge wants to set an example. The judge does this by adding additional financial penalties, in order to make a “point.”  These are hard to quantify, and fall squarely on the judge. Judges use them as a deferent.