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Mr. Jack Nieland

Board Certified

Civil Trial Attorney

Frequently Asked Questions By Clients

  • The insurance adjuster wants to settle my case and says that I do not need a lawyer. Why should I get one?
  • How much will the Law Office of Jack Nieland charge?
  • What if I am not able to come to your office?
  • What will your firm’s goal be if it represents me?
  • Who will be working on my case?
  • When is your office open, and when can I contact you?
  • How long will it take to resolve my case?
  • How do you decide how much my case is worth?
  • Who will decide when to settle my case?
  • What if I decide not to accept the insurance company’s offer?
  • Does the Law Office of Jack Nieland handle other types of cases in addition to personal injury cases?
     

    The insurance adjuster wants to settle my case and says that I do not need a lawyer. Why should I get one?

    The insurance adjuster works for the insurance company. It is their goal to settle your case for the least amount of money possible. What may seem like a fair offer to you right now may fall far short of what you will need in the future to pay for your damages. At the Law Office of Jack Nieland, we have the knowledge and experience to evaluate you injuries and damages, and to advise you on what you will need now and in the future.

    How much will the Law Office of Jack Nieland charge?

    There is no obligation or charge for your first visit or telephone call, and all of your questions will be answered. In a personal injury case, we never charge attorney’s fees unless we obtain a recovery for you, and our fee is a percentage of your recovery. We will advance all costs for experts, filing fees and any other expenses associated with our representation of you in this matter. If no recovery is made, you will not pay any attorney’s fees.

    What if I am not able to come to your office?

    In the event that your injuries prevent you from coming to our office, a lawyer from the Law Office of Jack Nieland will be happy to meet with you at your home, the hospital, or any other place that you are comfortable.

    What will your firm’s goal be if it represents me?

    The Law Office of Jack Nieland wants to make you, our client, as comfortable with the legal process as possible. Our goal is to create an atmosphere where you can take care of getting better while we can take care of everything else. At the conclusion of this matter, the Law Office of Jack Nieland wants you to be a satisfied client who has no reservation about recommending us to your family and friends.

    Who will be working on my case?

    The attorney handling your file will oversee any and all work done by our staff. He will be directly responsible for making sure that all the necessary information, evidence and paperwork are obtained so that your case is handled in a prompt and professional manner.

    When is your office open, and when can I contact you?

    Our office is open from 9:00 a.m. to 5:00 p.m. Monday through Friday. Various matters may require your attorney and our staff to be out of the office throughout the day. However, if your attorney or our staff is not available when you call, please leave a message and a number where you can be reached and your call will be generally answered within 24 hours.

    How long will it take to resolve my case?

    The main factor in determining when to resolve your case is how long your body takes to heal from this injury. In order for our attorneys to properly investigate your case, it is necessary for them to wait until your treating doctors have completed their evaluation and are able to accurately predict what problems or limitations you have now and may continue to have in the future.

    Once your doctors have made a final determination as to the nature and extent of your condition, our attorneys will obtain all the necessary documentation, and begin negotiations with the insurance company. The last thing that the lawyers at the Law Office of Jack Nieland want is for your case to settle too soon and then find out that your condition is worse that originally believed.

    While each case is different, some cases may resolve in months while others take years to resolve. However, in our experience, it takes between twelve (12) and eighteen (18) months to resolve a personal injury case once it has been filed. Although there may be delays, rest assured that the attorney handling your case will do everything he can to expedite the process and still obtain the maximum settlement for you.

    How do you decide how much my case is worth?

    Every personal injury case involves the evaluation of the following three (3) factors:

    1. Liability--who was negligent in this incident and who caused the incident.

    2. Causation-- what injuries were caused by this incident.

    3. Damages-- what damages were caused by this incident.

    In evaluating the “liability” of your case, the attorney will attempt to determine which person(s) were negligent and caused this incident to happen. A person is negligent if they do something that a reasonable person would not have done or if they fail to do something that a reasonable person should have done under the same circumstances. This liability evaluation also requires your attorney to determine whether or not you were partially responsible or contributed to your own injuries.

    In evaluating “causation” in your case, the attorney will rely heavily on what injuries your treating doctors say were caused by this incident. If the “liability” for the incident and/or the “causation” for your injuries cannot be proven, then no damages or other compensation can be recovered from the other party.

    Once your attorney has determined that some other party was liable for the incident and that this incident caused you to be injured, the attorney will evaluate what “damages” are legally recoverable from this incident. These damages may include any or all of the following:

    1. Past medical expenses incurred by you from the date of incident until the date of settlement or trial.

    2. Future medical expenses caused by the incident and which we can prove you are reasonably expected to incur in the future.

    3. Past wages lost by you from the date of the incident until the date of settlement or trial.

    4. Future earning capacity losses caused by the incident and which we can prove you are reasonably expected to incur in the future.

    5. Damages for pain and suffering, disability, physical impairment, mental anguish, or loss of capacity to enjoy life from the date of the incident until the date of settlement or trial.

    6. Damages for the loss of your injured spouse’s services, comfort, companionship, and society from the date of the incident until the date of settlement or trial and into the future.

    Because no two cases are factually alike, and no two cases have the same amount of pain and suffering damages, no two cases will ever have the exact same value. To determine the value of your case, and how much money to ask for, your attorney will rely on his experience gained by handling similar cases, and by reviewing local jury verdict reports. Your attorney will then advise you on what value he believes a judge or jury would award in a similar case. Ultimately, you are the one who will decide what amounts are offered as a settlement.

    Who will decide when to settle my case?

    You are the only person who can decide to settle your case. Your attorney will provide you with advice which will assist you in making this decision, but ultimately you are the only person who can make this decision.

    What if I decide not to accept the insurance company’s offer?

    If a settlement can not be reached before filing a lawsuit, your attorney will then file the appropriate lawsuit paperwork on your behalf. In fact, at the Law Office of Jack Nieland, we prepare every case as if we will be going to trial even though they may settle before a lawsuit is ever filed.

    Just because your case does not settle prior to the filing of a lawsuit does not mean that it will definitely go to trail. Your case can still settle at any time up until, and during the trial. In fact, most cases do settle before trial. Even after a lawsuit is filed, your attorney will continue to investigate your case, obtain updated medical records and continue to negotiate with the other parties and insurance companies

    Does the Law Office of Jack Nieland handle other types of cases in addition to personal injury cases?

    Yes. At the Law Office of Jack Nieland we actively represent individuals and businesses that have suffered economic losses as a result of breaches of contact, false arrest, real estate transactions and other issues. We also work closely with other attorneys who practice in specific areas of the law where we do not. If your specific case is not something that we handle, we can certainly put in touch with a local attorney who is experienced in that area of law and will be happy to assist and evaluate your case.

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