Frequently Asked Questions
Maybe not, every case is different and that’s why we offer a free initial consultation over the telephone to see if you need legal representation and if we can help you.
Factors that often lend themselves to retaining an attorney:
* The workers’ comp insurance company schedules an independent medical exam (IME)
* Your doctor or surgeon schedules you for a ‘final’ appointment
* The insurance company denies your claim
* You cannot return to your job because of work-related restrictions
* You’re thinking of retiring or quitting because your back hurts from work
In Wisconsin, there are different types of workers’ comp benefits available, depends on the facts of your case. Our office handles serious back and neck injuries causing early retirement or which prevent a return to your former job.
Yes, a pulled muscle or back strain is usually a temporary condition which would rarely justify attorney representation. But an intervertebral disc injury is serious and almost always requires experienced legal representation for you to be treated fairly and to justify full benefits being paid.
The law says no and I have never seen it happen, but you cannot account for everything. But if you were fired, that would be a whole different can of worms for the employer.
No. If you hire an attorney, the attorney will get paid 20 percent of the amount of compensation the attorney obtains for you. Usually in a settlement, called a compromise in workers’ comp lingo, at the end. In addition, there are also costs for medical and vocational reports, but most experienced lawyers will advance the necessary costs and get reimbursed at the end of the case so there is no upfront cost to you. Also, if there is no recovery, with most reputable lawyers you do not owe anything.
Every case is different, but an experienced workers’ compensation attorney can read a case like an NFL quarterback can read a defense when he’s under center. There are a lot of little factors that when put together can tell me if there’s going to be a case here 6 months or even a couple years down the road. And the beauty of the contingent fee is you can ‘hire’ an attorney before he’s absolutely needed and still get expert advice so you know the case is proceeding right. It’s always a free consultation phone call away to find out if the time is right.
If it is solely a property damage matter, attorneys generally are not involved. However, a neck or back injury that requires medical attention, will almost always benefit from experienced legal representation. But every case is different and that’s why a law firm should give a free initial consultation over the telephone to see if you need legal representation and if the firm can help you.
The reason – insurance companies have no motivation to treat you fairly unless you have an attorney to force them. Insurance companies know people cannot make the system work for themselves, so if there is no attorney involved, they will just steamroll you. Insurance companies make their profits by paying less in claims to folks like you – and they have teams of experts who make their living doing just that.
If it’s your own insurance company asking (usually in the context of an uninsured motorist or med pay claim) you may have to – but even then you are better off having legal representation before giving the statement because the statement can and will be used against you later on.
If it’s the other driver’s insurance company, you are under no contractual or legal obligation to talk to them at all at this point. This is a red flag that should compel a person to immediate seek out and determine if they should have a lawyer.
Depends on the nature of injury and many, many other factors that take a considerable amount of time to discern and sort out in each case. That is the attorney’s job.
No. If you hire an attorney, the attorney will get paid 1/3 or 33 1/3 percent of the total amount of settlement. In addition, there are also costs for medical records and bills, and expert reports, but most experienced lawyers will advance the necessary costs and get reimbursed at the end of the case so there is no upfront cost to you. Also, if there is no recovery, with most reputable lawyers you do not owe anything.
Since the standard 1/3 attorney fee applies regardless of when the attorney is retained, you can only benefit by hiring the attorney as soon as possible. There are things that can be done early on to preserve evidence and make sure that things are done right and smoothly for you.