Do I get charged by the hour even if I have a personal injury case?

Most personal injury cases are handled on a contingency fee basis, simply put, the attorney will collect a percentage of your award or settlement amount as attorney's fees. At the Law Offices of Luis Espinel we do not charge for personal injury consultations and you will not pay any amounts unless we settle your case or win at trial.

Non-personal injury cases are reviewed to determine whether a per hour or a flat fee would be charged to the client. There is no charge for an initial case evaluation received and answered over email.


What to do after a personal injury accident?

  • Take photos of your injuries
  • Visit a doctor if you haven’t already
  • If you have visited a doctor, follow their care plan and attend all follow-up appointments
  • Write down a narrative of what happened while it’s still fresh in your head
  • Make a list of witnesses and their contact information if you know it
  • Follow any additional instructions from your attorney

 


How long does a personal injury case take to arrive at a settlement or resolution?

The shortest cases could be resolved in only a few weeks and without any formal litigation. Your attorney can work directly with the other party or the insurance company to reach a swift resolution.

In other cases, litigation can continue for one to two years and sometimes longer. The more complicated your case, the longer you can expect it to take. You have some control over the length of your case because it’s up to you to accept or reject settlement offers.

 


What does the term consideration mean as far as the enforceability of a contract is concerned?

Consideration is what the promisor demands and receives as the price for the promise.  The promisor is the person making the promise, and the promisee is the person to whom the promise is made.  Consideration consists of something that the promisor is not otherwise entitled to.

Consideration is the price paid for the promise.  When thinking of consideration, think in terms of legal value as opposed to economic value.  While economic value (e.g., money) is the most common form of consideration, consideration does not have to involve money. In order for a contract to be enforceable, each party to the contract must change his or her legal position in some way. If an agreement lacks consideration, it is generally not a binding and enforceable contract.


Do I need a lawyer to negotiate a contract?

In a contract negotiation, the participating parties discuss and compromise on contractual terms in order to arrive at a final agreement. It is the process of giving and taking that parties go through to come to an agreement. In the majority of situations, each party to a contract will try to negotiate for his or her best interest. While there may be extensive back-and-forth communication, most contractual concerns boil down to revenues and risks. Types of contracts that are negotiable include:

  • Business deals
  • Real estate sales and leases
  • Financial contracts
  • Manufacturing terms
  • Employment contracts
  • Agreement for services

The negotiation aspect of an agreement is very important because all the parties involved will be legally-bound to the contractual terms once the contract is final and cannot overlook the terms without being liable.

A contract negotiation lawyer refers to an attorney who specializes in helping individuals or organizations that are entering into contracts in negotiating for more favorable terms and value. A contract negotiation lawyer can assist you in identifying the risks involved in a contract and provide advice on how to secure the best deal possible.