• How are your fees paid?
  • Who pays for the costs involved in investigating and pursuing my case?
  • What costs or expenses are likely to be incurred?
  • How long will it take for you to tell me whether I have a case?
  • Will my case have to go to court?
  • Where can I get more information about so-called “tort reform?”

1. How are your fees paid?

If we decide to take your case, we will enter into a written agreement calling for a contingent fee. This means that we will receive a share of the total amount we are able to recover for you. If we do not recover any money for you, we will not be entitled to any fees for our work.

2. Who pays for the costs involved in investigating and pursuing my case?

Oregon law requires that the client agree to be responsible for the costs of pursuing a claim. However, if a client is unable to pay for the costs of the case, our law firm will advance the expenses and deduct them at the end of the case from the client’s share of any recovery. If there is no recovery, we will ask the client to repay the costs, to the extent that the client is able to do so without financial hardship.

3. What costs or expenses are likely to be incurred?

Every case is different. Based on the nature of your case and the particular facts, we will give you an estimate of the costs that might be involved for such things as reports and records, retaining experts, taking depositions, and court fees.

4. How long will it take for you to tell me whether I have a case?

This varies with the nature of the case. Oregon law prohibits lawyers from filing a case without having a reasonable belief that the case is well-founded in law and fact. It usually takes a few months to gather the necessary records, research the legal, medical and technical issues, and consult with experts. It is important to see a lawyer soon after an injury has occurred, in order to allow enough time for a thorough investigation and analysis of your case before any legal deadlines expire.

5. Will my case have to go to court?

Most cases settle before trial. However, there is no way to know which cases will settle and which will require a trial. We approach every case with the expectation that a trial may be necessary, and prepare accordingly. In our opinion, letting the other side know that we are thoroughly prepared for trial is the best way to obtain a reasonable settlement. If a settlement offer is made, we will give you our advice about whether to accept it, continue to negotiate, or go to trial.

6.  Where can I get more information about “tort reform?”

 Tort reform refers to proposed changes in common law civil justice systems that would reduce tort litigation or damages.  “In all civil cases, the right of trial by jury shall remain inviolate.” –  Oregon Constitutional Article 1 (Bill of Rights)

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