fbpx
Experienced Injury Lawyers
During the COVID-19 Pandemic, we're offering Free Virtual Consultations

Frequently Asked Questions

Our law firm aims to provide premier legal services to those who have been wrongfully injured. We understand when you’re starting to explore your legal options, you may have a lot of questions. Below you’ll find an updated list of frequently asked questions about Kentucky personal injury law:

What types of cases do you handle?

Mr. Thomas typically limits his representation to individuals injured as a result of tractor-trailer collisions, automobile motorcycle accidents, defective products, and medical malpractice. He also represents businesses in litigation in many areas including auditing and accounting malpractice. See the Practice Areas section for more information or call Mr. Thomas directly to discuss your case.

What resources do you have to handle a case?

Sometimes, cases need expert opinions and professional input to get a clearer perspective on what happened and who was at fault. Our firm has experienced lawyers who consult with accident reconstructionist specialists to preserve evidence and understand how the collision occurred, investigators who interview witnesses, and expert witnesses like doctors who can provide testimony that will assist your case.

How much do you charge?

Fees vary from case to case. Most matters are handled on a contingency fee basis with fees ranging from 25% to 40% of the recovery depending on the complexity of the case. Other cases are handled on a flat fee or hourly basis. Court costs and case expenses are the responsibility of the client. In many contingency fee cases, costs and expenses are advanced by the attorney and will be the responsibility of the client only if we win or settle your case.

What is a contingency fee?

A contingency fee is one that is earned only if money is recovered on your behalf. That means that if you lose your case or a settlement isn’t reached, you don’t owe the lawyer anything. The attorney is paid a fee out of the gross proceeds of the case in addition to any expenses incurred by the attorney. A contingency fee should be offered in writing.

What happens during a typical case?

Cases typically begin with a consultation. During this time, we’ll sit down and go over your case. We’ll talk about the accident, whether negligence was involved, and if there was another party that caused the accident. Your lawyer will also get details about your injuries and what the accident cost you.

If you have a valid claim and decide to proceed with the legal process, our attorneys will investigate your case. We’ll look at medical records, police reports, photographs of the accident, and speak to eyewitnesses to build your case.

After your lawyer has gathered the necessary information, we’ll send a demand package. This includes your settlement demand along with a letter that will detail why the other party is liable for your injuries, the injuries the accident caused, and the economic and noneconomic damages of the accident. The insurance company may decide to settle, or they could deny your claim if they believe you didn’t present enough evidence or something else caused your injuries.

At this point, you may decide to file a lawsuit and settle your case in court. After your attorney files the lawsuit, then you enter the discovery phase, where your attorney, as well as the defendant’s attorney, will seek more evidence for the case.

Before the case heads to trial, there could be a mediation process to try and settle the matter before going to court. If it cannot be settled here, then the case proceeds to trial.

Typically, both sides will present their case and a jury will decide who was at fault and how much compensation is owed.

While this can be a long process, our attorneys have experience at every step. We know how to investigate and clearly present the facts of your case to show how you were wrongfully injured. We’ll fight to get you full and fair compensation, even if it means taking the case to court.

How do I know which attorney is right for me?

Finding the right attorney for you can take some time and research. The only way to decide on a personal injury attorney is to talk to him or her in person or on the telephone. It is also a good idea to ask friends or family about their experiences with attorneys in order to find one that might suit your needs. Ask the lawyer if they have handled cases like yours in the past. Frequently, attorneys will assist you in finding another attorney that is more suitable for your type of case.

When you find attorneys that specialize in the area of law you need, you can meet them and work from there. There are a few items to keep in mind when meeting with a lawyer. They should listen, have a respectful manner, be organized, be honest about their fees, offer written contracts, and avoid making any guarantee about the results of your case.

Can social media affect your case?

Many people have various social media accounts and can post multiple times a day, but this can lead to complications in a personal injury case. Remember that whatever you post, the insurance company and defense lawyer will find it. They may use posts against you in an effort to lower the amount of compensation you can recover. You can take precautions like setting your social media accounts to private, but you should still avoid making any posts about your case or your injuries.

Do I really need a lawyer?

This is a question we get often.  You’ll find some of your answers here.  But, don’t forget that you will get a free consultation on your case at Thomas Law Offices.  Contact us here.

Interested in more information on keeping your family safe? Subscribe to our newsletter here.