FAQ's
How much will my attorney cost?
In personal injury cases, including wrongful death and medical malpractice, fees are on a contingency basis. That is, if you do not receive compensation for your personal injury, we do not charge a fee. All initial consultations are free.
Do I have a personal injury case?
If you are the victim of another person's negligence or carelessness, you may be eligible to file a personal injury lawsuit. You may be able to collect for medical bills, lost wages, permanent injuries, disabilities, punitive damages, or the death of a loved one.
In a strong personal injury case, our attorneys must first prove that an injury (not necessarily physical) has occurred. Also, it must be proven that the defendant is responsible for those injuries, through an act of carelessness, negligence, or maliciousness. In the event of a death within the family, surviving family members can file a wrongful death lawsuit.
Can I settle out of court?
A claim can be settled at any time, including before the suit is filed, after the suit is filed, and of course, before or during a trial.
What is mediation?
Mediation is an informal procedure where all parties and lawyers meet in a conference room to attempt to negotiate a settlement. At mediation, our firm will make a brief presentation discussing our side of the case with the mediator and the defense lawyer for the other side. The defense lawyer for the other side will then make a brief presentation about their side of the case. You are required to attend mediation, but you are not required to say anything or to settle.
The mediator will then meet separately and will then discuss the positives and negatives of our case. The mediator will then meet with the other side, also in private, and attempt to persuade them to increase their offer. This process can be as short as one hour or can go on for several hours. The court orders that mediation takes place and that you and the other side appear in person at the mediation. The court does not order, of course, that the case settle at mediation.
What are punitive damages?
Punitive damages, also known as exemplary damages, are awarded to a plaintiff in a personal injury lawsuit that arises from "malicious or wanton misconduct" by a defendant. Punitive damages are awarded separately and in excess to compensatory damages (such as lost wages, medical bills, etc.) and are meant to be a punishment for the defendant.
The potential amount awarded for punitive damages is unpredictable and the process of determining punitive damages is arbitrary. The jury alone determines the amount and there are no maximums and no minimums. Often juries act emotionally when ruling these types of personal injury lawsuits. Schlesinger Law Offices, P.A. may seek punitive damages for their clients in instances of malicious misconduct.
What are compensatory damages??
Compensatory damages "compensate" the injured person for various kinds of losses or damages. These may also be referred to as "actual damages." The courts do not allow attorneys to argue that the award should be what a juror would want to go through a similar injury, but the instructions call for "reasonable" compensation.
How long will it take?
Our personal injury lawyers believe in aggressively pursuing each case to provide our clients with the full compensation they deserve for their injuries. The time frame largely depends on the nature of the injury and how long it takes for you to recover or reach maximum medical improvement.