Law Offices Of Arthur V. Gage

"We are dedicated to providing the members of our community with a safe place to live by holding the guilty accountable, protecting the innocent, and preserving the dignity of victims and their families."

Personal Injury:

If you are injured by the negligence of another then you may be able to bring a personal injury claim. Generally, personal injury claims have a two-year Statue to Limitations for general negligence. There are some cases depending on the defendant or the nature of the claim that you are suing in which you have to file Administrative Claims or the claim may be limited to a one-year Statue. It depends on the case. In addition, if there are Civil Rights violations such as sexual discrimination, race discrimination or other wrongful termination issues there may be administrative claims which have to be filed with the Attorney’s General office prior to bringing of the suit. Generally in all personal injury cases it is best to consult with an attorney immediately after the claim so you do not jeopardize your opportunities to pursue the claim and allow the attorney enough time to do adequate investigation so that the claim would be better supported prior to being filed.

Often time personal injuries claims can arise out of a workers compensation injury. Cases such as Medical Malpractice, Products Liability Actions, or the Negligence of a Third Party who is not an employee of the employer who may have caused or contributed to the accident can be sued. When a workers compensation claim is involved then you are limited to a Statue of Limitations of one year to bring the claim. After the one year period the claim is then assigned to the employer’s industrial insurance carrier and you may be able to obtain a reassignment of that claim; however, you are at the sole discretion of the industrial carrier concerning the reassignment. Once again it is always best to consult an attorney early in the process when you are involved with a workers compensation case and a third party case because of the time periods that run and may jeopardize your opportunity to pursue the claim.

FEES & COSTS:

Generally if the case is required to go to Arbitration or Trial my fee is usually 33%. If we are able to resolve the case prior to going to Arbitration or Trial then I would reduce the fee to 25%. There are also costs involved with these cases. Those costs are usually higher than Social Security or a Worker's Compensation case.

In addition, there may be other cases such as Product Liability Claims which would be higher in costs and fees then the other negligent cases. Usually, the degree of difficulty and high costs make a products liability claim much more expensive. The fees range from 33% to 40% and the costs can be as high as $40,000.00, $50,000, or more.

**Please understand that what I have told you above is general information concerning the law of Personal Injury. You are best served to consult an attorney about the individual specifics of your case versus relying on general information concerning the Personal Injury Law. Please contact me and I would be happy to talk to you over the phone about your case.**