Personal Injury Frequently Asked Questions
What should I do if I’ve been injured?If you have been injured you should seek competent legal advice as soon as possible to determine whether you may have a personal injury claim. We can help you establish whether you have a claim, and if so, who is responsible and what compensation may be available for you.
Why is it important to seek advice promptly?
You want to ensure that all relevant evidence is preserved, and not accidentally lost or damaged. Additionally, you need to comply with statutes of limitations that may restrict claims if made too later.
How do you determine if I have a valid claim?
Bode & Grenier will look at all the issues surrounding your claim, including your injuries, the other parties involved, the actions of the other parties, the legal theories applicable to the situation and, maybe most importantly, will draw on our decades of experience in practice to determine if you have a valid claim.
What geographic areas do your lawyers take cases from?
Bode & Grenier has lawyers admitted to all the federal and state courts in the District of Columbia, Maryland, and Virginia. While we litigate most often in those jurisdictions our trial practice is nationwide and we have handled cases in over 30 different states.
What if I am contacted by an insurance company?
If you have been injured do not discuss your injury or any of the accident details until after consulting a lawyer. Statements made can be taken out of context, and harmful to your case at a later date. Do not sign any papers or accept any settlement, as this may affect your right to pursue a claim. Do not give the insurance company any personal information, including social security numbers or addresses. Always seek legal advice first. At Bode & Grenier, there is no charge for initial consultations.
Will there be a legal fee to evaluate my claim?
No, we will meet with you to discuss your injury free of charge.
How does Bode & Grenier get paid?
In personal injury actions, Bode & Grenier’s fees are contingency based, meaning that the legal fee will be a percentage of the recovered amount. There is no payment due unless and until money is collected on your behalf. The contingency arrangement will be more fully discussed once it is determined if you have a claim.
What about expenses?
There are certain costs associated with bringing a personal injury claim, such as costs of medical records, expert witness fees and court costs. Bode & Grenier will advance all such charges, and will be reimbursed at the end of the case. In the event that no recovery is made, you will not be liable for reimbursing the firms expenses.
How much of my time will this take?
Your claim will not require a significant amount of your time, unless it goes all the way to trial. After the initial interview, Bode & Grenier will do most of the work for you. In typical personal injury cases, you will be required to come to the office a few times for varying reasons and we will require you to remain involved and promptly provide information when requested. This assists our attorneys in moving forward with your case professionally and thoroughly. Aside from this, very little of your time will be required in getting the case ready for trial. In the even of a trial however, a slightly larger time commitment may be necessary.
Will I have to go to court?
You will not have to go to court unless your case cannot be settled and goes to trial. Because of the careful screening process involved in undertaking cases, many of Bode & Grenier’s cases settle before trial, however because we will not settle a case unless it is a fair settlement, trial may become necessary. It is impossible to predict whether your particular case is one that will settle or one that will have to go to trial.
Will I hurt the person I am suing by bringing a personal injury claim?
Almost all personal injury claims are defended by insurance company lawyers and paid by the insurance company, in which case the person or corporation that you sue will not have to pay any money out-of-pocket.
Is it ever too late to bring a claim?
It can be too late to bring a claim which is why it is important to consult a lawyer as soon as you are aware that you have been injured, because there are statues of limitations which prohibit claims from being filed after a certain date.
Do I still have a claim if my medical expenses were paid by insurance?
In many cases you are entitled to be compensated for your medical bills regardless of whether or not they have been paid. Your insurance company may however claim reimbursement from you if any of your reimbursement represents bills paid by them, this is called ‘subrogation.’ Additionally, you could be entitled to reimbursement for other expenses related to your injury, such as lost wage earnings, scarring or disfigurement, future medical expenses, and pain and suffering.
What is the value of my claim?
The value of your claim will depend on many factors, such as the severity and permanence of your injuries, your medical expenses, the liability of the defendant, and whether your case must go to trial. After we have completed our thorough investigation of your case, we will be in a position to offer you our opinion as to the value of the claim based on our decades of experience in practice. If a settlement offer is received we will discuss the proposed settlement with you, and give our advice as to whether or not to accept that amount but the ultimate decision to accept a settlement or to allow a jury to determine the value of your injuries is always up to you.
If I have a claim, how long will it take?
The initial evaluation of a claim usually takes about a month. After a lawsuit is filed, the length of time is dependent on the court calendar. Most cases take between one and three years.
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