Q. Is there a charge for an initial consultation?

A. There is never a charge to speak with a lawyer in an initial consultation.

Q. What are the fees for legal representation?

A. Most cases are taken on a contingency fee basis meaning that there is no fee unless there is a recovery in your case. The fee in most cases is 33 1/3% of the total recovery if the case is settled prior to filing a lawsuit, and 40% if the matter is resolved after filing a lawsuit. Medical malpractice claims, and a few others, are 40% regardless of when or how the case is resolved.

Q. Can you refer me to a doctor?

A. We do not refer clients to specific physicians, and there are several reasons. First, your family doctor is in the best position to treat you, or, if necessary, refer you to a qualified specialist or therapist. Second, attorneys that refer clients to doctors create suspicion in the mind of jurors regarding the referral. We prefer not to take that approach.

Q. What is the value of my claim?

A. We are never able to assess the value of a particular claim without analyzing all of the medical records and resultant injuries and reviewing the treating physicians' report regarding the diagnosis and prognosis. Each case is given individual consideration and any opinions regarding value are deferred until such time as we can assess all of the client's injuries and damages.

Q. How long will it take to settle my case?

A. It depends. In general, no settlement negotiations can commence until the client has finished with their medical treatment or has reached a point where the treating physician can render a prognosis. Because this varies from person to person, the point at which we are able to commence settlement negotiations varies as well. We do all that we can to expedite the settlement of your claim once all of the relevant information has been obtained from your medical providers.

Q. Who will be handling my case?

A. When you retain Friedman, Domiano & Smith as your legal counsel, you get much more than one lawyer. Prior to filing a lawsuit, your claim is handled by one of our Case Managers each of whom have many years of experience.  Each Case Manager has one or more case assistants to assist with your claim. If we are unable to settle your claim with the insurance company and it becomes necessary to file suit, we will assign your case to one of our litigation attorneys. This lawyer will handle your case to resolution. At any time during the life of your case, you may speak with any of our lawyers.

Q. Do I have to go to trial?

A. Not necessarily. We try very hard to resolve claims outside of the courtroom. Settlements are generally quicker and involve less cost than a litigated case. However, if the insurance company fails to render an acceptable settlement offer, or denies liability, then the option is there to take the matter to court and have a jury determine your damages. We will always give you our opinion and advice, but whether or not to settle or go to trial remains your decision.