Defective Products Attorneys in Wisconsin
If you or a member of your family have been injured because of the use of a defective product, please contact the attorneys at Vanden Heuvel & Dineen, S.C. for a
FREE EVALUATION. The personal injury lawyers of Vanden Heuvel & Dineen, S.C. are experienced in all aspects of defective product evaluation and negligence.
262-250-1976 or 1-800-805-1976
7 COMMON MISCONCEPTIONS ABOUT INJURY CASES
MISCONCEPTION #1: I can settle my case without hiring a lawyer.
True. If you're happy with the amount of money the insurance company offers for your car, and if you're happy to have your medical bills paid, then you are right. You don't need to hire a lawyer.
Still, it's important that you understand what you're entitled to. In most cases, you are entitled not only to recover your medical bills and repairs to your car, but also to any additional damages you suffer. That's why we urge you to talk with a lawyer over the telephone before you accept an insurance company's offer.
When you speak with your lawyer, you'll learn that he can help you in a number of ways. First, he can help you get your car repaired. Second, he can help you get the fair value for your car. Third, he can help you get a fast settlement on your car.
Your lawyer takes the hassle out of dealing with the insurance company. And, in our office, we provide all these services for our clients, usually at no charge. In other words, we usually don't take one penny of the money we collect for damages to your car. Our fee is limited to a percentage of what we recover for your injuries and damages and nothing more.
MISCONCEPTION #2: An attorney requires a down payment to accept my injury claim.
Not true. In our office, we accept most accident cases for a contingency fee. This means we get paid out of the money we recover for you. If you collect nothing, you pay no attorney
fees. To start, you can talk with us for free. And if you hire our services, you pay no fee until your case settles and we recover money for you. We will be more than happy to talk with you about this at our initial meeting.
MISCONCEPTION #3: I'll have to go to court to get what my case is worth.
Usually not. Most injury cases are settled before the case goes to court. Often, when the insurance company realizes you and your lawyer are ready and willing to go to court, the insurance company starts making reasonable offers for your injury claim. If we don't like the first offer, we make a counteroffer. Negotiations may continue until both sides agree on a certain amount. In most cases, injury claims don't require a court trial.
MISCONCEPTION #4: I have to accept what my lawyer tells me.
No. Anytime you feel confused, anytime you don't
understand what's going on, you are entitled
to and should get a second opinion. In the field of medicine, if your doctor suggests major surgery, you know it's wise to get a second opinion. Likewise, anytime you speak with one lawyer, you're perfectly free to confirm his advice by seeking a second opinion from another lawyer. We will be happy to review your case and provide a second opinion, even if you already have a lawyer.
MISCONCEPTION #5: Once I settle my claim, I can get more money in the future if I have additional medical bills.
False. Usually, once your claim is settled, it is over--forever
!
MISCONCEPTION #6: I have only one year to file a lawsuit.
False. This can be a difficult question to answer. In Wisconsin, in most personal injuries cases, you have three years to file a lawsuit to protect your rights. However, in some instances, you may have only one year. If your claim is against a governmental entity (such as a city, county or state employee), you may have only 180 days to protect your rights to make a claim.
It is important that you know your rights. Otherwise, you may lose your right to bring a claim for your injuries and damages. Ask us and we will help you
determine the proper time frames.
MISCONCEPTION #7: If I am partly at fault for causing the accident, I am not entitled to any money.
False. Both sides may cause an accident and you may still be entitled to recover money.
WHEN YOU NEED A LAWYER--AND WHEN YOU DON'T
In some instances, you may be able to settle your claim with the insurance company by yourself, without an attorney's help. It's important that you realize you are going up against trained adjusters and claims representatives who probably get praised and promoted for keeping their costs down, and settlements low.
Still, you may be able to settle your claim by yourself when you don't mind gathering all of the information necessary to determine the value of your claim, when you don't mind going to the time and trouble of interviewing necessary witnesses, when you think you have all of the bases covered, when you know the insurance company is not trying to take advantage of you.
If you have questions or are unsure about what to do, you should consider hiring an attorney. Your personal injury lawyer can advise you on the proper course of action, explain your legal rights, tell you what to expect regarding the progress of your case, evaluate your case, negotiate a replacement auto and repairs, negotiate a full and fair settlement of your claim, all the while representing your interests aggressively so you get the money you deserve for your injuries.
Injured victims often share this concern: Will I get more money handling my case myself? Or should I hire an attorney?
As you may know, your attorney usually charges a portion of the amount he recovers for you as his attorney's fee. The amount of money your lawyer recovers is usually much more than you could have recovered on your own. You don't save any money by waiting to hire a lawyer. The sooner you contact us, the sooner we can aggressively pursue your claim.
What will happen if I don't
hire a lawyer? This question is hard to answer. You may do just fine, or you may permanently damage your case and make it much harder (or even impossible!) to collect the money you deserve.
Consider this analogy: You have a leaky faucet. You can try to fix it yourself, and you might do a good job. But you might also cause further damage. Then you call the plumber. Now, your plumber will charge you two or three times as much as he would have charged if you had called him at the beginning, when all you had was a leaky faucet. These extra charges are because of the damage you caused, which your plumber must now repair.
You can hire us near the end of your case, if you are having problems collecting from the insurance company
or you can hire us at the beginning, and we'
ll do all the work for you. Either way, you pay us the same. So why not hire us at the beginning. You pay us no more,
plus you save yourself all the time, stress, aggravation and hassle of dealing with the insurance company. What'
s more, we can probably persuade the insurance company to pay us more money than they would pay you if you do not have a lawyer.
8 COSTLY MISTAKES TO AVOID WHEN SELECTING A PERSONAL INJURY LAWYER
MISTAKE #1: Choosing a lawyer who doesn't have enough experience.
The most important factor in choosing a personal injury lawyer is the amount of his knowledge, skill and experience handling injury claims. This includes (1) experience handling injury cases, and (2) experience taking injury cases to trial. In most cases, the money you recover for your injuries will come from an insurance company, either the other person's insurance company or your own. And one of the reasons insurance companies have so much money is because they pay accident victims like you as little as possible, often less than you deserve. Make sure the lawyer you select has in-depth experience handling personal injury cases.
MISTAKE #2: Choosing a lawyer only because you like his advertising.
A flashy TV commercial or Yellow Page ad doesn't mean anything except that the lawyer agreed to pay for the ad. Advertising can make almost any lawyer look like an expert. Don't choose a lawyer solely because you like his ad. Make sure you ask questions about the attorney's experience in handling injury claims. We will be more than happy to discuss with you cases we have handled that are similar to your own.
MISTAKE #3: Choosing the lawyer who promises you the most money.
The amount of money you're entitled to recover, called "damages," is based on many components: (1) the length of your recovery from injury, (2) the dollar amount of your medical bills, (3) the dollar amount of lost wages, (4) pain and suffering, and (5) the severity of your injuries. No one can tell you exactly what your case is worth until they gather all the facts. Any lawyer who promises you a certain amount of money before all of this information is known is making a promise he probably can't keep.
MISTAKE #4: Choosing a lawyer because he expects to settle your case.
Most injury cases are settled without going to trial. Even so, if you hope to get a fair settlement for your injuries, your lawyer must be willing to take the insurance company to court. Otherwise, the insurance company has no reason to offer you a fair amount of money for your injuries. Although it may not be your intent to go to trial, it is often important to make the insurance company aware that you are ready to do so if their offer is not fair. If you hire a "settling attorney," one who usually settles his cases and won't go to court, you can expect to receive less money for your injuries than if you hire a skilled trial attorney. Remember: the most powerful weapon you can use against the insurance company is your willingness and ability to take your case to trial.
MISTAKE #5: Choosing a lawyer because of a referral from a friend.
When a friend refers you to a lawyer, be careful. Yes, your friend probably means well. But your friend may not be the best source for a referral. You see, people often select a lawyer because they like him. But you need a lawyer who is much more than just a nice person. You need an attorney who has the trial experience to go up against billion-dollar insurance companies. Insurance companies hire experienced investigators, adjusters and lawyers to work against you. You need experienced lawyers and investigators working for you. Your best choice is an experienced personal injury firm with a proven track record and reputation for success.
MISTAKE #6: Choosing a lawyer merely because he appears successful.
A handsome office and an expensive car don't tell you anything about the lawyer's experience. Don't judge a lawyer merely by appearance. Choose a lawyer by whether he has the knowledge, skill, experience and willingness to (1) sue the other party, and (2) take your case to trial, if necessary. That's the best way to make sure you recover the amount of money you deserve.
MISTAKE #7: Choosing a lawyer because of the location of his office.
You may be inclined to select a lawyer who has an office down the street from your home or office. But this could be a big mistake because what you gain in convenience you may lose in knowledge and experience. Most of the work between a personal injury lawyer and his client may be done by mail and over the telephone. You should hire an experienced trial attorney, even if you must drive a little farther to his or her office. You may find that the extra minutes on the road will be worth thousands of extra dollars in your pocket. If travel is difficult for you, please let us know and we may be able to help you.
MISTAKE #8: Not reviewing the lawyer's track record.
You can get a good idea of a lawyer's experience by reviewing his track record of cases that he has settled or taken to trial. Ask the attorney about cases he has tried in court and cases he has settled. This will give you a way of determining the level of the attorney's experience.
17 TOUGH QUESTIONS TO ASK BEFORE YOU HIRE A LAWYER
How long have you been practicing in the specific field of accident and injury law?
What percentage of your practice is devoted to accident and injury law?
Have you previously represented people with injuries similar to mine?
Do you have investigators and expert witnesses who will help in cases with my type of injury?
Can you refer me to a physician who can provide treatment for my injuries?
Can you help me with my property damage claim and get a rental car for me?
Will you handle my case on a percentage fee basis?
If I can't come to your office, will you come to my home or office?
Will you send me a free Consumer's Guide for Injured Victims?
Do you conduct free educational seminars so I can learn more about injury cases?
Will you discuss my case with me over the telephone?
Are you a member of the Wisconsin Academy of Trial Lawyers?
Are you a member of the American Trial Lawyers Association?
Have you ever defended insurance companies against injury claims?
Will you evaluate my case for me without cost or obligation?
If the insurance company doesn't offer a fair settlement, are you willing to fight for what is fair?
Will you send me free educational materials about injury cases?
HOW WE GET PAID, IN PLAIN ENGLISH
At Vanden Heuvel & Dineen, S.C., your initial consultation is always free.
We handle most personal injury cases on a contingency fee basis. This means we receive a percentage of the amount we recover for you. If we do not recover money for you, we don't receive a fee.
In addition, we may consider handling your personal injury case on an hourly basis, if you wish. This means you pay us for each hour we work on your behalf. If you are interested in an hourly arrangement, please ask and we will be happy to discuss it with you.
From our experience, we have found that the contingent fee arrangement is what most of our clients want. This is because most injured victims cannot afford to pay the cost of hiring a lawyer by the hour. In addition, where the arrangement is for a contingent fee, Vanden Heuvel & Dineen, S.C. will likely advance the costs of preparing your case until your case is concluded.
The Wisconsin State Bar has rules of ethics that we must follow. As a result, you are legally responsible for the costs we pay on your behalf. The money we advance will be deducted from the settlement amount. However, you'
ll be glad to know we do not charge interest or any other fee for advancing this money. Also, we do not charge for phone calls, copies, faxes or postage, like many other law firms do. This is one more way we show you that we are committed to helping you get the money you deserve, and to make sure justice is served.