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Jason Roth Overland Park Personal Injury Lawyer

WHAT ARE THE CHALLENGES FACED IN THE PERSONAL INJURY RECOVERY PROCESS?

Jason Roth June 1, 2020

Probably time! A lot of times, people are injured, they cannot work, they do not have income coming in and the process takes time to work its way out. Both the person’s medical recovery takes time, the claim or lawsuit process takes time too. As the medical conditions hopefully resolve themselves, or at least get to a point where doctors can say, “This is what we expect in the future”, being able to withstand the physical injury, the economic injury and then the emotional injury over a sustained period of time is probably the most difficult thing. The typical case takes twelve to eighteen months on average to resolve.

Unintentional Mistakes Detrimental To A Personal Injury Claim

First and foremost is Facebook. People that have been involved in wrecks, sharing information on Facebook to the public about the wreck itself, their healthcare, conversations that they have had with witnesses, doctors or even lawyers, once you put something on Facebook, there is no longer any realistic expectation of that information being private or privileged.  Sharing information on Facebook, whether it be a post that has to do with a doctor’s appointment, that has to do with a conversation that a person had with their attorney, or a photograph showing somebody at the park playing with their kids could be used to suggest that that person is not really injured. That they are faking it, that they are most likely making it up to pursue a claim. Number one clearly would be the use of social media. In any way discussing a wreck, a person’s injuries or what is going on with them physically, emotionally, mentally or financially.

How Are Attorneys Typically Compensated In A Personal Injury Claim?

Typically, all personal injury and wrongful death attorneys work on a contingency fee basis that means that the attorney does not charge the client any fee for his time working on the case. The compensation to the attorney is strictly based on the ultimate recovery that is obtained for the client. That is typically a percentage of the overall recovery, depending on whether it is a claim, a lawsuit or trial stage that the case either gets resolved or there is a recovery obtained, the attorney takes a percentage of the recovery.  Most attorneys work off that contingency fee basis. Another thing about a contingency fee basis is the attorney typically fronts all of the case expenses, so every dime that it takes to effectively pursue the case, the attorney or his firm pay those expenses upfront and they only get paid back if there is a recovery to the injured person.

Unique Attributes Of Attorney Jason Roth In Handling Personal Injury Cases

My background as a defense attorney for nearly a decade is one thing that may be somewhat unique to my practice. I have been on the other side of the table. I defended cases involving catastrophic personal injury and wrongful death for nearly a decade before I became a plaintiff’s attorney. I know the way that the other side thinks, whether it is an insurance company or a corporation and how they view the plaintiffs. I know how they view the cases, I know how they analyze these matters and I am able to use some of that experience to benefit the outcome for my clients.

I am very accessible to my clients. I make every attempt to return every phone call and every email that a client sends me. In our firm, you will not be passed off to somebody else if you meet with and talk with me and decide to hire me as your lawyer. I think that you should be able to talk to me at any given practical time pretty much when you want. That would be the other thing is the accessibility. I think another misconception is that lawyers do not return phone calls or emails and I strive to make sure that that is not the case.