FAQs
Listed below are some frequently asked questions. If you have additional questions, please call our office today to schedule an initial consultation. Mr. O'Gara will discuss your case with you and answer any additional questions that you may have.
- Will you discuss your opinion of my case without charging me?
- How is my lawyer paid in an accident case?
- How much is my case worth?
- I want to change lawyers, can I?
- I was in an accident but it was partially my fault. Can I still pursue a lawsuit?
- How long will it take before I get money from my case?
- Do I have to go to court? Can I settle out of court?
Will you discuss your opinion of my case without charging me?
Yes, Mr. O'Gara will personally speak with you, ask questions of you, and give his professional opinion of your case and the likelihood of success. He may be available to speak to you right now.
How is my lawyer paid in an accident case?
In an accident case, Mr. O'Gara works on a contingency basis. He only gets paid when your case is either won or settled. His normal charge is one-third (33 1/3%) of the settlement or judgment.
How much is my case worth?
Many factors can affect the value of your case, and each case is different. Mr. O'Gara can give you a general idea of the likely value of your case based upon his experience.
I want to change lawyers. Can I?
Yes, it is your legal right to change lawyers.
I was in an accident but it was partially my fault. Can I still pursue a lawsuit?
Yes you may. Your case should be evaluated by an experienced attorney, who can offer advice as to whether or not you should pursue a lawsuit. Under New York law, the court may consider the "comparative negligence" of the parties to a case. If you are partially responsible, it may reduce the amount you can recover. However, if you are seriously injured, you may still obtain a substantial recovery.
How long will it take before I get money from my case?
Cases can settle in as little as a few weeks to a few months, but usually take longer. There are many factors that determine how long your case will take, including the court in which your case was brought, whether it goes to trial or settles, and how complicated the case is. A case can take anywhere from a few months to a few years, depending on many factors.
Do I have to go to court? Can I settle out of court?
No, you don't have to go to court. Most personal injury cases settle before trial. However, if you make it clear to the defendant or insurance carrier that it is your clear preference to settle out of court, they will offer much less in settlement than if they believed that you were willing to go to trial.
Choosing a veteran lawyer with a proven track record of trial success gives you more leverage in settlement negotiations. Insurance companies and defense attorneys recognize Mr. O'Gara's well earned reputation for going to trial rather than settling for less than a case is worth. This works in favor of his clients, as defendants are more likely to offer a reasonable settlement when faced with a capable lawyer who they know has the talent and will to succeed at trial.
