What are the basic components of a case?
There really is no such thing as a standard or average injury case. Each injury is different and the circumstances of each accident are different, but certain principles apply, which may be helpful for you, the injury victim, to know.

A legal case for recovering money on behalf of someone injured nearly always has three general components:

1. liability,
2. causation, and
3. damages.

Liability normally means that someone must be at fault for the accident. While certain payments involved in accidental injuries may be made on a first party or no fault basis, to charge a third party (the other guy's insurance company) with serious losses, most often it must be shown that the third party (the other guy) was at fault. Most often that fault is called "negligence" and is simply the failure to exercise reasonable care for the safety of others.

Negligence is commonplace; to err is human, after all. But negligence alone does not make an injury case. The second part of the equation is causation. If the negligence did not cause the injury, there is no case.

And the third part of the equation - damages - is just as important. Although unusual, it can happen that a negligently caused injury results in no measurable money damage. If so, once again, no case.

How long does an injury case last?
There is no set time frame. There are time limits within which suit must be brought, but those limits tend to vary from jurisdiction to jurisdiction and may depend on the type of case involved. Otherwise perhaps the most important factor in determining how long it takes to resolve a given case, either by settlement or verdict, is the healing time of the victim. Most cases cannot be fairly evaluated, and thus resolved, until the victim has reached a medical endpoint and that varies greatly depending on the injuries and upon the individual

How much can I expect to recover for my injuries?
Many variables make up the answer to this question and there is no set formula. The first question is the strength of the evidence of liability and causation, for otherwise one may never get to the question of damages - i.e., how much. If the proof of liability and causation is strong, then comes proof of the nature, severity and duration of the injury. Is the injury disabling in whole or in part? What impact will it have on the victim's earnings, now and in the future? Is the injury permanent? Will it worsen with time? Is it painful and, if so, to what extent? Is there disfigurement or cosmetic damage? The answers to these and many other questions form the basis for evaluating each injury case and while the range of recovery is broad - from $0 to the millions - each case is unique.

Who decides how much I recover?
In most cases the answer is the parties themselves because most meritorious cases settle by agreement. If for some reason the parties are unable to resolve the case by agreement, then the outcome is decided at trial; typically either trial by jury, trial by a judge only or trial by an arbitration panel.

Do most injury cases settle without the necessity of a trial.
Most meritorious cases do settle. The operative word here is meritorious. If your case is real and competent counsel prepares the proof of your case for effective presentation to the other side and to court if necessary, the odds of a fair settlement increase greatly. If on the other hand your case is non-meritorious - i.e. frivolous - the odds are even greater that your case will go nowhere. So don't bother. Reputable lawyers won't deal with you and if somehow you manage to get a frivolous case in process, the system will sooner or later recognize the matter for what it is and the court will dismiss it in summary fashion. Contrary to the incessant claims of certain politicians, "frivolous" lawsuits play no significant role in our system of justice.

Why do I need a lawyer? Can't I just settle the case myself?
Legitimate claims usually settle, but sometimes even legitimate claims can't be resolved without trial. When that happens, obviously it's critical to have skilled, experienced counsel handling your case. Perhaps less obvious, but equally important, is the advantage of involving a skilled injury lawyer from the beginning. You can be sure that the other guy's insurance company will get its experienced claims personnel right on top of your claim and you can be equally sure that they won't be looking out for your interests. Do yourself a favor and get a good injury lawyer early. It levels the playing field.

How much will this all cost me?
Most injury victims will choose the contingency fee arrangement rather than paying the lawyer on an hourly or other time increment billing basis. The contingent fee is a percentage of the amount recovered and comes out of the recovery rather than being paid on a monthly or other incremental basis throughout the case. It is a more affordable option for many, particularly those who are missing work because of their injuries. The amount of the contingent fee obviously varies with the amount of the recovery and many injury victims are comforted by knowing that in the unlikely event they recover nothing in their case, they will owe nothing in legal fees.