Q. I’ve been in an accident. What do I do now?
A.  Feel free to call me, and ask me anything about your situation.  There is no obligation, and we do not charge for an initial consultation.  Having handled thousands of cases, we can usually answer any question you have about the injury claim process.  If there is insurance on the vehicle you were in at the time of the accident, you should contact the insurance agent, notify the agent of the accident, and confirm the insurance coverage available to you to cover your losses.

Q. Do I need a lawyer?
A.  That depends on the severity of your injury.  The more serious the injury, the more likely it is that a lawyer can help you maximize your recovery.  There are many things a trial lawyer can help you with that you probably cannot do (or do as well) on your own.  A trial attorney can help you determine all of the insurance coverages available, obtain medical records, medical bills, confirmation of wage loss, get your immediate expenses covered or deferred, negotiate with subrogation lienholders, and otherwise maximize your recovery.  A trial lawyer knows your rights, and knows the law that pertains to your case.

Q. How do contingent fees work?
A.  Most of our cases are handled on a contingent fee basis, meaning that the fee is “contingent” (dependent) on the outcome.  In motor vehicle accidents, for example, most attorneys charge 33.3% (or 1/3) of the gross amount recovered.  There is no fee unless and until your case is settled or goes to verdict.  In a contingent fee, the lawyer assumes the risk of losing; that is, the client is not “out-of-pocket” anything unless there is a settlement or favorable verdict.

Q. What about case expenses?
A.  There are expenses associated with pursuing an injury claim, including the expense of obtaining medical records, medical bills, employment records, filing fees, court reporters, expert witness fees, etc.  We usually advance all case expenses so that the client is not out-of-pocket for any expenses associated with the case.  When the case is settled, the client is responsible to cover the case expenses.  This is the usual and customary method of handling case expenses in Ohio.

Q. How do I pay for incoming medical bills?
A.  While the party at fault (or his/her insurance company) is ultimately responsible for your medical bills, they will not pay your bills as they come in; they will simply reimburse whomever pays them when the case is settled, which may be months or years after the injury.  Therefore, you are at least initially responsible for the medical expenses incurred as a result of an accident, even if the accident is not your fault.  If you have automobile insurance (medical payments coverage) or health insurance, this insurance should be used to pay your bills.  If you do not have insurance to pay your bills, and you are not eligible for government assistance, be sure to let us know this so that we can make arrangements with your physicians and hospitals to pay them at the conclusion of the case.

Q. Will I have to reimburse whomever pays my medical bills?
A.  Usually yes.  This is called subrogation.  Subrogation means reimbursement.  For example, if your health insurance company pays a medical bill, they will expect to be reimbursed out of the settlement.  Same for automobile insurers, governmental entities (Medicaid, Medicare), or whomever pays your bills.  If you receive a subrogation notice from an insurance company or governmental entity, you must forward the notice to your attorney.

Q. How long will my case take?
A.  That depends on a number of factors.  Most importantly, we usually will not settle a case until we are fairly certain the injured person has stabilized medically.  This may take weeks or months following an injury.  When you have stabilized, and assuming we have all of the medical records, medical bills, loss of income information, etc., we then can roughly estimate the case value, and see if our evaluation is similar to the insurance company’s.  You of course have the ultimate say in whether your case is settled and for how much, but your decision should be made with the advice of your attorney.  Settlements are favored because they are immediate and take the risk out of the case.  If the case is not settled, we then will need to file suit, and this normally extends the case for a long time.  If suit is filed, you can expect a trial date about 18-24 months from the date of filing.  The case can settle at any time during that 18-24 months, but if the parties cannot agree to the case value, you will need to try your case before a jury.  Jury verdicts are difficult to predict, but they usually are fairly conservative.  This is another reason you should try to settle your case if the offer is reasonable.

Q. Are there ways to speed up the process?
A.  Yes.  The legal system is anything but fast; the system is simply not equipped to handle the number of cases filed.  When a personal injury or medical malpractice case is filed, the trial date is likely one to two years down the road, sometimes longer.  If you consider the possibility of appeal, cases can drag out for many years.

The Solution. An experienced trial attorney using up-to-date technology can quickly evaluate your case by meeting with you, getting the needed information (medical records, medical bills, lost income verification, etc.), and communicating effectively with the insurance companies involved.  When both the injured person and the insurance company are acting reasonably, most cases can be settled fairly quickly.  When either party is unreasonable, the case goes into the SLOW bin (court system).

Alternative Dispute Resolution.  Arbitration and mediation are two under-utilized methods of getting cases resolved without the delay of the court system.  Arbitration is a forum whereby the case is submitted (i.e. tried) to usually three arbitrators, who actually decide the case (i.e. determine who was at fault, and award reasonable compensation for the losses suffered).  Arbitrations can be either binding or non-binding.  Mediation is a process whereby the parties meet with a neutral mediator, and try to settle the case.

Many of our cases are resolved using these alternative dispute resolution methods, and we often encourage our clients to try these techniques to get their case resolved quickly and fairly, particularly when our client needs to have a fast resolution of their case. Alternative dispute resolution offers our clients a faster, less expensive means of getting their case resolved.

Make no mistake, we are ready, willing, and able to take your case into the court system and present your case to a jury, if that is in your best interests.

Q. How are cases evaluated?
A. We take many factors into consideration in evaluating a case. These include but are not limited to:

• Do the facts of the case create an unusual reaction?

• Are the parties and witnesses likeable and believable?

• Is the case venued in a conservative, moderate, or liberal jurisdiction?

• The skill level of the defense attorney;

• The severity of the injuries;

• The economic losses (usually medical expenses and loss of income);

• The non-economic losses (pain and suffering, emotional distress, permanent disability, disfigurement, etc.)

These are some of the important factors taken into consideration.  Our attorneys have had years of experience handling cases similar to yours in a variety of circumstances, and therefore are in the best position to evaluate your case.

Q. How are medical malpractice cases different than motor vehicle accidents?
A. Medical malpractice (or medical negligence) cases tend to be much more complicated, expensive, and difficult to win than motor vehicle cases.  In an automobile accident, it is usually easy to identify the party at fault; in medical cases, fault usually must be proven with expert witnesses.  Whereas most motor vehicle cases settle without filing a lawsuit, medical malpractice cases almost never settle without filing a suit.  Medical cases require an “affidavit of merit” from a qualified physician or other qualified expert before they can be filed; automobile cases do not.  Medical cases require multiple expert witnesses, which makes them very expensive (and therefore risky).  And many medical malpractice cases go to trial before a jury (adding additional expense), whereas relatively few automobile cases go to trial.  For these reasons, the screening process is much more comprehensive in medical cases, and we are very careful about selecting medical cases for prosecution.

Q. How do I know if I have a valid case or not?
A.  If you’re not sure, call us and ask.  There are some general guidelines to help you.  For example, in medical malpractice cases, we normally will only accept cases involving permanent, debilitating injuries or death.  In motor vehicle cases, if you sustained only a minor neck or back strain that resolves in a few days or weeks time, it is difficult for us to help you obtain a settlement for more than you can obtain on your own (without a lawyer).
 

Experience
Choosing the “best” lawyer for your case is important. It is trite but true: there is no substitute for experience. One way to judge a lawyer’s skills is by his or her results. At The Donahey Law Firm, we have tried and settled thousands of cases, large and small. Our goal is to maximize the settlement/verdict potential of every, single case.

Communication
Communication between lawyer and client is critical. We value the importance of promptly returning all phone calls, letters, and emails.

Values
Find a lawyer who shares your goals and values. We maximize our clients’ recoveries in a professional and ethical manner. We value open communications with our clients, promptly returning phone calls, regular contact with our clients, client input in decision making, professionalism in our conduct toward others and, in the end, “Justice for All.”