Matthew Tomkiel is a third-generation attorney. His grandfather and father have represented injured workers since the 1970’s. Matthew has continued the family profession since 2003.
How long does the average personal injury case take to resolve?
Most personal injury cases that settle resolve within 6-18 months, depending on the complexity of the case and the extent of injuries. Cases that go to trial can take 2-4 years or longer to reach a final resolution. The timeline depends on factors such as medical treatment completion, court schedules, and the complexity of legal and factual issues.
Can we still negotiate a settlement after filing a lawsuit?
Yes, settlement negotiations can continue even after a lawsuit has been filed. Many cases settle during the discovery phase or even on the day of trial. Filing a lawsuit doesn't mean you've lost the opportunity to settle – it often strengthens your negotiating position by demonstrating your commitment to pursuing the case.
What happens if I lose at trial?
If you lose at trial, you typically won't receive compensation for your injuries. However, you may have options to appeal the decision if there were legal errors during the trial. Your attorney will discuss appeal possibilities with you if this situation arises. This risk of losing is one of the many reasons why most cases settle rather than proceed to trial.
How do I know if my settlement offer is fair?
An experienced personal injury attorney can evaluate settlement offers by considering factors such as your medical expenses, lost wages, future medical needs, pain and suffering, and the strength of your case. They'll compare your offer to similar cases and advise you whether the offer adequately compensates you for your injuries and losses.
What if the other party doesn't have insurance?
If the at-fault party doesn't have insurance, you may still have options for compensation through your own uninsured motorist coverage, pursuing the defendant's personal assets, or exploring other potential sources of recovery. Your attorney can help identify all possible avenues for compensation in these situations.
Will my personal injury case affect my taxes?
Generally, compensation for physical injuries is not taxable income under federal tax law. However, certain portions of your settlement, such as punitive damages or interest on delayed payments, may be taxable. It's advisable to consult with a tax professional about the specific tax implications of your settlement or award.
