Defendants often request a two-stage trial to separate the liability phase from the damages phase, claiming that combining the two may prejudice the jury in the plaintiff’s favor. Bifurcation is another complicating factor in what is likely an already complicated case. An experienced personal injury attorney will understand how to effectively challenge this type of request. In this article we will discuss why it is important for victims and their families to consider the resources of law firms when selecting an attorney. Not doing so can lead to your case potentially failing to receive the attention it deserves. If you or a loved one has been paralyzed in an accident, we recommend contacting an attorney as soon as possible after the accident to preserve your legal rights.
Many personal injury law firms are willing to undertake serious injury representations on a contingency fee basis. This means that the firm will incur the costs of representing their clients up front and will not be reimbursed unless and until the victim receives a settlement or damages are awarded after a trial. For a variety of reasons, personal injury cases in which the victim has been paralyzed are commonly very expensive and complex. Some can take years to resolve. Law firms may incur fees greater than $1 million during the course of a complicated paralysis case. The firm’s ability to absorb the costs of a contingency case can significantly impact their ability to provide the services necessary to protect their client’s legal rights.
Paralysis cases can generate significant fees due to the multiple experts required to issue opinions in the process over a significant period of time. It may take several physicians and experts a period of months or years to fully ascertain one’s long-term medical prognosis. As we discussed previously, the prognosis is essential to estimating the damages suffered by the victim and his family, including loss of future wages or anticipated ongoing medical expenses. It may not be known whether the victim will recover or will be paralyzed for the rest of their life. A Fort Worth paralysis case will likely also require multiple non-medical experts, such as an accident reconstructionist, industry experts and economists. The fees for these professionals can easily reach six figures, as the complexity of a case increases. If a firm does not have the financial ability to retain and pay for the experts, a victim’s ability to prove liability or damages may be negatively affected.
Paralysis cases can be particularly complex. These types of cases often involve lengthy and extensive discovery periods, numerous Motions being filed with the Court, and many Court appearances. This means that the plaintiff’s lawyer can spend substantial time conducting legal research, writing briefs, attending depositions, attending hearings and more. By retaining a firm that can devote multiple attorneys to a case, you help to ensure that such issues are handled in a timely fashion and with the expertise required in each phase of the litigation.
It is also recommended that the firm employ an in-house investigator. Cases involving multiple defendants, such as trucking accidents, or corporate entities, such as construction site injuries, often have complicated fact patterns or a high number of records which must be recovered and analyzed. It is best to retain a firm which employs its own investigator, in order to make sure that these issues are handled properly. At a minimum, one should make sure that a firm has the resources necessary to hire an experienced investigator service. This is true regardless of whether you were injured in Fort Worth, Dallas, or elsewhere in Texas.