FAQs

Frequently Asked Personal Injury Questions

On this page:

• What is my case worth?
• How long is my case going to take?
• What does the civil litigation process entail?
• What are the differences between a civil case and a criminal case?
• How much is my personal injury case going to cost me?
• Why have I heard or read things in the popular media that are critical of contingent fee agreements and trial lawyers?
• What is alternative dispute resolution?
• Will my case settle or will it need to be tried?

1. What is my case worth?

Any reasoned response to this question must be provided after a careful analysis of the case has been performed. In some cases, this analysis can occur when a client first retains a lawyer, however, in most cases this analysis can only occur once an injured person has reached a medical end result and after counsel has had an opportunity to fully investigate legal responsibility for an incident. Beware of lawyers who claim to be able to answer this question without seeing any paperwork or doing any investigation. Case value is a function of the liability aspects of the case, in other words the legal framework that governs whether someone else is responsible for the harm at issue, and the damages sustained. Often, at the beginning of a case, the client is not at a medical end point and accurately assessing case value is complicated by that fact. Additionally, many of the factors that impact the liability side of the case may be unknown. During the course of the case, Heinlein & Beeler, P.C. investigates both the liability and damages aspects of the case to ascertain, as early as possible, the value of the case. It is important to note that ultimate case value is related in a direct manner to the case that is built by the lawyer. While a lawyer cannot change the facts of a case, through diligent work, they can obtain evidence that supports the facts that are favorable to the client. Moreover, use of the right experts, at the right time, can add substantially to the value of a case.

2. How long is my case going to take?

Each case is unique. Some settle after a written demand is made; some take years of effort and require a jury verdict that is sustained on appeal. In Massachusetts, typical negligence cases are assigned by the court to the “Fast Track” which contemplates at least one year of litigation. More complex cases, like products liability and wrongful death cases, are assigned by the Court to the “Average Track” which contemplates at least 3 years of litigation. All cases settle sooner and for more money if they are properly prepared. Nevertheless, it is not uncommon for insurers to make low offers to injured parties who may be having financial difficulties. In such circumstances, it is important to have experienced counsel who can properly advise you as to the value of your case and whether an offer to settle from an insurance company is worth considering.

3. What does the civil litigation process entail?

While every case is different, most cases involve many of the same steps. These include: (1) initial investigation; (2) pre-suit demand (when warranted); (3) filing suit; (4) discovery; and, (5) trial. Discovery is a process of court-sanctioned fact exchange and can take years to complete based on the complexity of the case. Discovery includes the exchange of written questions, depositions and other activities like site inspections. A deposition involves the taking of a sworn statement before a court reporter who prepares a transcript of the proceedings. In some cases, few depositions will be required; in others there can be dozens.

4. What are the differences between a civil case and a criminal case?

While there are many differences between such cases, there are a few that are fundamental. Criminal cases are brought by the Commonwealth (usually through the District Attorney's Office) against the perpetrator of a crime to enforce the law and punish the offender. The Commonwealth must prove its case beyond a reasonable doubt. In contrast, a civil case is usually brought by private counsel against those who have caused harm. The Plaintiff in such cases must prove his or her case by a fair preponderance of the credible evidence. In the event that there is a criminal conviction arising out of events that also support a civil case, the criminal conviction can be important evidence in the related civil case.

5. How much is my personal injury case going to cost me?

In most cases, Heinlein & Beeler, P.C. takes personal injury cases under a contingent fee agreement. These agreements allow injured individuals access to justice in the Courts without having to pay an attorney hundreds of dollars per hour to get there. Heinlein & Beeler, P.C.’s fee is a fixed percentage of the gross recovery (between 33 and 1/3% and 40% depending on complexity) plus the repayment of its expenses. A fee is due only if Heinlein & Beeler, P.C. is successful on the client’s behalf in obtaining money through either settlement or judgment. Such an arrangement ensures that Heinlein & Beeler, P.C. has every incentive to maximize your recovery in accord with its obligation to zealously represent your interests. Heinlein & Beeler, P.C. usually advances all of the expenses of a case. Such costs include many things including investigation fees, filing fees, sheriff fees, court reporter fees, expert fees and copying expenses. If Heinlein & Beeler, P.C. is not successful on your behalf, you will owe us nothing.

6. Why have I heard or read things in the popular media that are critical of contingent fee agreements and trial lawyers?

For more than the last decade some insurance and business interests in the United States have been engaged in nationwide conduct that has been noted by some to be tantamount to jury tampering. Through various front organizations that have names suggesting an interest in justice for all, these organizations have proffered so-called “tort reform” as a cure for the ails of our society. In so doing, they have vilified the contingent fee agreement and personal injury lawyers generally while urging caps on damages and fee agreements. Usually the proponents of these “reforms” say they are necessary to stop frivolous lawsuits. The caps on fee agreements are designed to destroy the Plaintiff’s bar, who work on a contingency fee, so that only those who can afford to pay a lawyer hundreds of dollars and hour will have access to justice in our courts. As to the claims regarding preventing frivolous lawsuits, these are belied by the facts. First, no contingent fee lawyer would knowingly bring a “frivolous” case when the lawyer’s compensation is directly tied to the value of the case. Second, the damages cap proposals are aimed at capping damages and fees at the high end of the spectrum. Thus, these tort reform proponents seek, in the most disingenuous of ways, to limit the rights and access to justice of the most seriously injured victims in our society. Ironically, if successful, they will have succeeded in shifting the responsibility from those who caused the harm, and those who are paid to insure them, to the American taxpayer who will pay through the Medicare and Medicaid programs in the absence of a recovery from those responsible.

The right to a jury trial is enshrined in the Federal and many State Constitutions. The contingent fee agreement is the mechanism that allows most Americans to access the Courts, with competent counsel.

7. What is alternative dispute resolution?

A trial is the ultimate dispute resolution mechanism in the civil litigation process. To get to a trial, however, takes time and resources. Alternative dispute resolution, or ADR, takes several forms; the most common of which are mediation and arbitration. Mediation is a process where the parties submit the case to a neutral mediator who assists the parties in an effort to reach a mutually-agreeable resolution of the case. Mediation is non-binding and the mediator (usually a former Judge or experienced attorney) does not make a decision about the case if the parties cannot reach a voluntary agreement. Arbitration involves the use of a neutral arbitrator who hears the evidence and makes a decision in the case. In contrast to mediation, arbitration is binding and final. Arbitration takes the place of a trial and is only subject to very limited rights of appeal.

8. Will my case settle or will it need to be tried?

It is too early to tell. Most civil cases (more than 90%) settle before going to trial. Proper preparation increases the likelihood that a mutually agreeable settlement can be reached. Some cases, however, simply need to be tried. Accordingly, Heinlein & Beeler, P.C. prepares every case as though it needs to be tried.