The answer to this question is not as easy as some would think. This is because even if the “liability quotient” is high in favor of the potential Client, the injuries may not be significant enough to warrant a lawyer filing suit and working on a “contingency” basis, for (possibly) years on end if the lawyer’s fee does not adequately compensate him/her for the years of work and/or cover the “costs” (generally) advanced by the lawyer. Moreover, if the “liability quotient” is “IFFY”, a lawyer is open to the possibility of losing the case and not getting paid for his/her time and effort after (generally) years of time and effort.

Most personal injury attorneys accept cases on a “contingency” basis, which means that the lawyer charges nothing upfront but instead only receives payment at the conclusion, i.e., after settlement, arbitration and/or trial and at the time when the defendant (and/or his/her insurance company) pays for the Client’s damages/injuries. At that time, the lawyer gets paid a percentage of the amount the Client receives after settlement, arbitration and/or trial. The fee (percentage charged by a Client’s lawyer charged against the suit proceeds) is generally received by the lawyer at the end of the case. If the lawyer does not believe the case has a good “liability quotient” (s)he may charge the Client more than the standard percentage of the damages as a fee because the case has a higher risk (possibility) of losing. In high-risk cases, the lawyer is running the risk of not getting paid at all after (possibly) years of work. One final factor to weigh among all other ingredients of this “soup” is that if those liable (at fault) for the accident have no insurance, then, even if the lawyer is successful in bringing the suit for X, the lawyer may still not get paid for his/her efforts.

I’ll give you a real-life example of what can happen to a lawyer who misjudges and/or fails to properly assess the “liability quotient”. A friend of mine who graduated from law school with me accepted a medical malpractice case. The Client who hired him was a blue-collar worker who sustained a serious low back injury at work. Dr. X performed a fusion on the Client’s lower back. In the process of doing the fusion, the doctor, unfortunately, severed a nerve, which caused this Client a significant loss of movement to his left leg, as well as continuous pain and suffering. The Client retained my friend to file a medical malpractice claim after Dr. X performed the fusion. Since the Client didn’t have any savings, my friend accepted the case on a one-third contingency; and also agreed to advance the “costs” (also usually done by us in this practice) of the litigation up to and through the point of trial. The “costs” my friend advanced for the prosecution of this case were in excess of $58,000 by the time of the trial; and he worked on this Client’s case for nearly four (4) years before it went to trial. During the trial, the various doctors who testified on behalf of the defendant doctor convinced the jury that the defendant doctor was not guilty of medical malpractice and my friend and his Client lost the case. Needless to say, my friend not only lost the value of all the time spent by him during the four (4) years before the trial, but he ALSO LOST (because his Client had no means pay this) more than $58,000 of his own money for advancing the “costs” (e.g., costs to file the suit, demand for a jury trial, payment to Sheriff’s Office to have the defendant doctor served, court reporter costs for depositions; court recorder costs for transcripts, costs to hire a doctor to read all of the Client’s medical records, then the Client’s doctor’s fee to examine the Client, then the Client’s doctor’s fee to prepare a Report summarizing his opinions in support of the medical malpractice suit; then the Client’s doctor’s fee to come testify at a deposition; then the Court Reporter costs to take the defendant doctor’s deposition; then the Court Reporter costs to order the defendant doctor’s deposition transcript; then the cost to prepare “Exhibits” for the trial, then the Client’s doctor’s fee to come testify at the trial of this case (the doctor normally charges what he loses in 2 or more days by not attending to his normal work; and sometimes this cost, as in this particular case, also includes the costs to fly the doctor to the city where the trial is being held and the costs of a hotel room; … and so on and so on…”

 

NOTE: This website and all of its pages (INCLUDING THIS PAGE) constitute an advertisement, for general informational purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create (and receipt or viewing thereof does not constitute) an attorney – client relationship. To find out what legal advice applies to your specific case or to create an attorney – client relationship between you and our Firm, you must first meet with one of our attorneys AND then retain our Firm, in writing.

ANY LAWYER who answers that question at an initial consultation with a prospective Client, before having undertaken a careful “liability quotient” analysis; carefully analyzed the nature and extent of the Client’s injuries; considered all of the Client’s damages; read all of the defense’ discovery and gives an answer to that question, in my opinion, is either a masquerading fortuneteller or liar. By the way, the Client’s lawyer must not only know all of those facts prior to entering into settlement negotiations with the defendant’s (or insurance company’s attorneys), but the Client’s lawyer must also know a lot more than that prior to the commencement of the trial! At that point in time that the trial is about to begin, the Client’s lawyer should also know as much about the composition of the jury as possible; as well as the general nature of the jury’s venue (e.g., is the county where the case is to be tried “conservative” or “liberal” when it comes to giving out awards); does this jury favor individuals such as this Client; what, if any, are the trial judge’s predispositions, etc. Is all of this knowledge necessary to try a case? “NO.” Does having all this knowledge make a difference in the outcome of a case? ABSOLUTELY! Lawyers seldom acquire this knowledge without trying many cases. The lawyer’s knowledge and use of this knowledge to obtain the best verdict possible for the Client in a trial is very analogous to the highly trained and skilled gem cutters who examine a “diamond in the rough” to determine how and where the diamond must be cut to create the most brilliant stone possible.

It has been said that “rough diamonds appear lusterless, coarse and unimpressive before they are cut and ground.” Only the right cuts (creating the specific “facets” in the diamond) unleash the characteristic sparkle and famous ‘fire’ (brilliance) of a diamond. Even experts can only guess at the quality, clarity (and therefore the value) of a rough diamond on an initial visual inspection of the stone. The same goes for the viability of a case (called “chose in action”) when a potential Client appears in an attorney’s office and asks whether (s)he “has a case”. Cases are seldom if ever “clean cut” when they walk in the door – in fact, most are “rough” when compared with the “ideal fact pattern for the case.” The “facets” of the specific lawyer you hire to handle your personal injury case and the way that lawyer first unearths and thereafter puts the facts (“facets”) of your fact pattern into a specific pattern that not only is convincing, but also appealing to a judge and/or jury is unique to that lawyer and that lawyer only. That is why this odyssey taking you from the point in time you appear in your attorney’s office, to the point in time the case is settled or tried is called “the practice of law”.

 

NOTE: This website and all of its pages (INCLUDING THIS PAGE) constitute an advertisement, for general informational purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create (and receipt or viewing thereof does not constitute) an attorney – client relationship. To find out what legal advice applies to your specific case or to create an attorney – client relationship between you and our Firm, you must first meet with one of our attorneys AND then retain our Firm, in writing.

If you don’t personally know any lawyers to choose from, you should look at all aspects [facets] of a lawyer that you feel are important. Some logical aspects/facets pop-up rather readily:

First Facet: How long has that person been an attorney? David G. McDermott has been an attorney for more than forty-one (41) years.

Next Facet: Does this lawyer spend time and effort handling cases in various fields of law or does (s)he concentrate in one field of law? David G. McDermott handles only personal injury and Workers’ Compensation cases (see McDermott & McDermott, Ltd., Tinley Park, IL website)

Next Facet: Does this lawyer have any special training that might be particularly helpful? Unlike many lawyers who practice in State courts, David G. McDermott is a Federal Trial Bar attorney who can try cases in both State and Federal courts.

Next Facet: What type of “Experiences” (both as an attorney and in life”) has David G. McDermott had thus far? Rather than re-iterate all the many and varied types of “Experiences (both as an attorney and in life)” DGM has had during the span of his life and career, we ask you to go to our Home Page of InjuriesMatter.com, (above) and peruse our “About the Founders”; then “About Us” sections/tabs of this website here for the reader to go to the “About Us” section of the Home page.

Final (possibly most important) Facet: “Will the lawyer care about ME; care about MY CASE and provide the SERVICE I want to receive during the handling of my case?” To this question, rather than simply answer in the affirmative (as most lawyers would), David G. McDermott respectfully asks you to read the “About the Founders”; then “About Us” sections/tabs of this website.

In the process of redesigning this Injuries Matter website, Mr. McDermott endeavored to be transparent – not only about the many subjects touching upon the practice of law by lawyers, but also, to give prospective Clients an opportunity to know “real” and “personal” facts about himself, Deborah and the genesis of McDermott & McDermott, Ltd.  He did this because he felt no other lawyers shared anything “real” or “personal “about themselves in their websites, yet how a person has lived life and practiced law impacts the “facets” of a lawyer,  which (in turn) impacts “facets” of the interpersonal relationship which  develops between a lawyer and his/her Client.  You need more than hype and hyperbole in your search for this most difficult and highly elusive choice – the choice of a lawyer to represent you. 

NOTE: This website and all of its pages (INCLUDING THIS PAGE) constitute an advertisement, for general informational purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create (and receipt or viewing thereof does not constitute) an attorney – client relationship. To find out what legal advice applies to your specific case or to create an attorney – client relationship between you and our Firm, you must first meet with one of our attorneys AND then retain our Firm, in writing.