Hiring a Lawyer

Hiring a Lawyer is not something most people have experience with. You probably have a lot of questions and want to make sure you hire the lawyer right for you. We understand this process can sometimes be difficult. We encourage you to give us a call so that we can understand your exact situation and provide you with professional guidance. We also realize that sometimes calling an attorney may seem intimidating. For this reason, we have included some general information that will help answer some common questions that may be on your mind. Keep in mind that every case is unique and the hiring of an attorney should not be based on advertising alone.

Do I really need a lawyer?

More often than not, yes. Certainly almost anybody is free to represent themselves in a court proceeding, but it is similar to the old saying, “a doctor who treats himself has a fool for a patient.” In a personal injury case you will often be dealing with a trained professional adjuster who may hold several licenses, handles hundreds of cases, has access to company lawyers and has the backing of a multimillion dollar corporation. These people are not looking out for your best interests. Likewise in any other area of law such as a divorce, employment law, contract disputes, etc., you will want to know your rights. Don’t rely on what, “a friend of a friend said . . .” Instead speak to a professional.

Why should I hire Brush & Coyle, P.A., instead of another firm?

Simply put, quality of representation and personal attention. Robert Brush and Tim Coyle each graduated in the top of their respective classes at law school. Together they have more than 48 years of legal experience and have successfully handled a variety of complex cases from mass torts to auto accidents to dog bite cases. Moreover, in the past, Bob used to represent some of the largest companies in the United States, companies which typically hire only the brightest and most qualified attorneys. Now he is using that experience to help injured people. Don’t be fooled by attorneys who say they’ve never worked for insurance companies. They may not have had the qualifications. In a fight, don’t you want an advocate who understands what the other side may be thinking?
Many law firms often require you to meet with a case manager or other non lawyer. In these firms rarely does the client have the opportunity to meet with his or her own lawyer. While this assembly-line method may be very cost effective, it does not coincide with the philosophy of the lawyers of Brush & Coyle, P.A. Here, your first conference will often be with the very lawyer who will handle your case start to finish. Your attorney will be available by phone and by appointment.

What are trial attorneys?
Trial attorneys are those attorneys willing to go into a courtroom to fight for your rights. The attorneys at Brush & Coyle, P.A. have extensive courtroom experience and will not shy away from taking your case to trial.
Do I have to go to a trial?
No, the decision is usually up to you. Surprisingly very few cases do go to trial. This is because most cases settle because of the uncertainty of the jury (or even non-jury) trial experience. Contrary to popular myth, there is no explosion of frivolous lawsuits. Yet, you should have attorneys who are willing to guide you through the trial process if the facts of your case so merit.

What is a mediation?

Mediation is a settlement conference which takes place prior to a case proceeding to trial. Each side appears with their lawyer before a person known as a mediator who is selected by the parties. The mediator makes no final decision in the case, but, instead is a person who is familiar with the area of law and will help each side understand the risks of going to trial. All information contained in the mediation conference is confidential and cannot be used in court. If the parties are unable to settle the case during the mediation, then the case proceeds to trial.

Questions specific to Personal Injury cases

How long will it take to resolve my case?

The answer to this question can vary greatly depending on the complexity of the case. For instance, the typical medical malpractice case can take between one and two years from the date the complaint is filed to get resolved, but the average premises liability/auto case or any other type of general negligence case, is typically resolved within four to eight months after you have completed treatment.

What is personal injury law?

Personal injury law, also known as tort law, is the name given to the area of law which provides some remedy when your body, mind, dignity or reputation has been damaged because of the wrongful action of another. In this civil area of law the person who caused the damage is not subject to imprisonment. The remedy therefore is usually money damages, and in some cases an order of the court for the Defendant to cease engaging in a certain act.

A personal injury claim or lawsuit may exist almost anytime you have received an injury to your body because someone did something wrong or made a defective product. The most common personal injury cases are automobile, truck and motorcycle accidents. Other common cases are slip (or trip) and fall, dog attacks, medical malpractice, sexual abuse, denial of civil rights, unfair employment practices, slander and attacks by third persons where the land or business owner did not provide adequate security measures. When you have received an injury to yourself or your property, seek advice from a personal injury attorney.

What is a wrongful death case?

A wrongful death case is simply any personal injury case that has resulted in death.

How will I pay all my medical bills and regain my lost wages?

If you have been injured, you will likely have medical bills from physicians, hospitals, physical therapists, and other health care providers. Those bills will be in your name and will usually be sent to your address. You are primarily responsible for paying your bills, regardless of the cause of your injuries. The at-fault person’s liability insurance carrier is responsible for paying you reasonable compensation for damages incurred, which includes medical bills and reimbursement of lost wages, but this may happen only after you hire a lawyer to fight for your right of reimbursement. There may be other ways to put your medical bills on hold or make up for lost wages, which the lawyers at Brush & Coyle, P.A. will go over with you.

What issues will I face in making a claim for my injuries sustained in an auto accident?

A claim for injuries, sustained in an automobile accident, is usually based upon carelessness or negligence. In worse case scenarios, it is based on an intentional or reckless act.

The two categories of issues that typically arise in a tort claim after an automobile accident is the following:

  • Liability – who is at fault and to what degree
  • Damages – injuries or losses that were caused by the accident

In some cases certain types of insurance will provide coverage for certain types of damages.

If I slip and fall at a business, is the owner of the business or other premises legally responsible for injuries sustained?

Typically, it is the duty of an owner to exercise reasonable care in the maintenance of the premises and to warn a visitor of any dangerous conditions that are known. For example, if an owner, or his employees, knows that there has been a spill within their establishment, then they must act reasonably to clean up the spill and to prevent visitors from walking through the spill.

It is the responsibility of your experienced personal injury attorney to gather the relevant facts and to know the applicable legal principles in order to determine if the owner can be held liable for the injuries caused in a fall. Frequently, it is a difficult process because most of the evidence and testimony must come from the owner and his employees.

How much will it cost to prosecute the case?

Even though the costs involved with a case can run anywhere from $20,000 to $175,000 and up, it costs you nothing, unless there is a recovery. Brush & Coyle, P.A., will advance the costs of the litigation and charge you nothing unless a settlement or judgment is collected.

How does Brush & Coyle, P.A. get paid?

Our legal fees come from a percentage of the total amounts of benefits we recover from the insurance companies on your behalf. In some instances, insurance companies may be required to pay our legal fee in addition to also paying your benefits. If the amount of the court ordered fee equals or exceeds the contingency fee, then you receive all of your benefits without any portion being deducted for legal expenses.