Frequently Asked Questions

QUESTION 1:
Do I really need a lawyer?

ANSWER:
If you or someone you love has been injured or died as a result of someone's negligence or other wrongful conduct, our civil justice system provides you the right to seek compensatory damages. In cases involving serious injury or death, it is most likely that the issues involved are complex and important enough that only a skilled attorney, with extensive experience in personal injury matters, can ensure that you are compensated to the greatest extent possible. In such cases, it is seldom wise to trust your case to insurance adjusters who are not in the business of protecting your rights and only interested in looking for the lowest possible payout to an injured victim.

Our office does not charge for an initial consultation. We can meet with you in the office or at home, if necessary, to explain your rights and how the process works. You are under no obligation to retain us and are free to seek other counsel or negotiate with an insurance company on your own, if you desire. You should always keep in mind that there are important time limitations running in a personal injury action that affect your right to pursue a claim for damages. If you fail to act within these time limits, you will lose your right to obtain a recovery.

QUESTION 2:
Why should I retain Zwerdling Dibble,LLP. to represent me in a personal injury matter?

ANSWER:
One of the most important considerations in deciding who to retain as your attorney is the attorney's experience in handling personal injury cases. Many attorneys hold themselves out as personal injury attorneys and advertise that they handle these types of claims. However, relatively few attorneys actually take cases to trial, which means that the majority of attorneys take the best offer they can get from the insurance company and urge you to accept it.

While our office works hard to obtain good settlement offers, we are not afraid to take cases to trial if insurance companies are being unreasonable. If the insurance company knows that your attorney is willing to commit time and resources to try the case in front of a jury, your settlement position will be significantly enhanced.

Another factor in who you hire as your attorneys is whether the firm has the financial resources to finance your case. In cases involving complex legal and factual issues, the costs of litigation can be considerable. If the attorney you hire is unable to afford well-qualified experts and other litigation expenses, trial preparation will be inadequate and your attorney will not be able to obtain the best result in your case.

Our office is capable of financing major cases. We have the resources to properly investigate and prepare your case for trial or settlement. We have experience working with knowledgeable and well-respected experts in many fields, who are usually superior to the experts retained by the defense and assist tremendously in obtaining the best possible result in settlement and/or trial.

QUESTION 3:
How do I pay the attorney?

ANSWER:
Most personal injury attorneys work on a "contingent fee basis." This means that the attorney's fees are paid out of the settlement or judgment. If there is no recovery, you do not owe the attorney any fees. The amount of money the attorney receives is a percentage that varies depending on the type of case. Our office would be happy to meet with you to discuss the various contingent fee arrangements that are available. Our office will also advance all costs necessary to pursue the case. We deduct the amount of the costs from the settlement or judgment. Attorney's fees are then deducted from the settlement. By paying costs "off the top" our office actually shares in the costs, and the client pays less than 100% of the cost amount.

QUESTION 4:
What are my lawyer's responsibilities to me?

ANSWER:
Our office strongly believes that our clients' rights and interests are to be protected as vigorously as the law allows. We involve the client in all aspects of the case preparation from intake through case resolution. We carefully explain to each client the legal issues that may present obstacles to the case. We also involve the client directly in the settlement process. No settlement will ever be made without a client's complete understanding and consent. All discussions with your attorney are confidential. We strive to provide quality representation, realizing that each of our clients is a unique individual with specific needs. We are happy to talk to or meet with our clients whenever there is a question or concern.

QUESTION 5:
Should I hire a local attorney or an out of town attorney?

ANSWER:
Many attorneys from out of the Humboldt County area advertise on the Internet and in the Yellow Pages in an effort to obtain cases in Humboldt County. Before hiring an out of town attorney, you should be sure that attorney is qualified to handle a case through trial. The same questions regarding experience that you would ask a local attorney should be asked of an out of town attorney. You should also know whether an out of town attorney has ever handled a case through jury trial in Humboldt County. Although there are well-qualified attorneys outside of Humboldt County, very few of these attorneys have actually had experience in our local courts. Humboldt County is a unique community with diverse individuals who are called to sit as jurors. A local attorney has a much better understanding and feel for the local jury pool. Local attorneys also understand the local court system and know how to deal with local judges.

In addition, out of town attorneys will generally cost more than local attorneys because there are extra expenses, such as travel, that are added to case costs. That means that for every local court appearance or deposition the attorney attends, there will be extra expenses added to the case that the client will have to pay.

It is important when retaining an attorney to feel comfortable about the attorney's experience and commitment to your case. Make sure that whatever attorney you talk to meets with you and takes the time to answer your questions. Your relationship with the attorney may last for many months in the pursuit of the case, and it is important that you feel a high degree of confidence in that attorney's ability and his or her commitment to the case.

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