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Frequently Asked Questions
Decades of experience in one spot, where Bayard answers common questions about personal injury attorneys and cases
How much will it cost?Personal injury cases are taken on a contingent fee basis. This means that unless there is a recovery, the client pays nothing. The contingent fee for an adult is usually one third. Costs are in addition to the fees. Costs include such expenses as copying, obtaining medical records, deposition costs, filing fees, and other miscellaneous expenses. Such expenses are in addition to fees. Thus, for example, if a case settles for $10,000, the fee is $3,333.33, plus costs. In the case of minors, the fee is 25%.
How long does it take?Pinpointing how long a case will take is difficult. Much depends on the seriousness of the injuries and length of treatment. If a person recovers from his or her injuries in just a few months, we may be able to settle the case shortly after the recovery. However, more serious injuries take more time. Also, doctors are usually unwilling to determine that an injury is permanent until one year after the injury. Most cases are ripe for settlement within a year. If settlement does not occur, due to liability or evaluation issues, then the case must be filed in court. Once the case is filed, service of process can take months. After service of process is completed and the defense has answered the complaint, we enter what is called a discovery period. This means that interrogatories must be answered and depositions must be taken. The discovery period is usually from 6-9 months. When discovery is complete, there is usually a mediation. If mediation is unsuccessful, then the case will go to trial. The total time from filing a case to when a trial begins is usually about a year and a half. However, it can be longer.
Why should I chose you over other attorneys?In truth, there are many fine personal injury lawyers in Delaware. We give each case personal attention and are not a mill operation. I believe each client deserves our honesty and the proper respect. I have been helping people with their personal legal problems for over 36 years, from the time I was a legal assistance officer in the United States Army, until present. I have tried many cases in the courts from the simple to the very complex. I have settled thousands of cases, knowing how to deal with cagey insurance adjustors and lawyers. In addition to a law degree, I have a Ph.D degree in law. Over the years, I have taught law related courses at the University of Delaware, Wilmington College, and Widener Law School. I have taught many seminars for other lawyers, mostly in personal injury and court procedures. Most importantly, I always put the interest of the client first.
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