General Frequently Asked Questions
Q: How do I know if I have a personal injury case?
A: First, you must have suffered an injury to your person or property.
Second, you should consider whether your injury was the result of someone else's fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit. Personal injury claims are often based on a variety of non-physical losses and harms. In the case of an assault, for example, you do not need to show that a person's action caused you actual physical harm, but only that you expected some harm to come to you.
You also may have a case if someone has attacked your reputation, invaded your privacy, or inflicted emotional distress upon you. If you were involved in a truck accident, don’t leave things to chance. Fill out the free, no-obligation case evaluation form above and one of Elk & Elk’s auto accident attorneys will get back to you within 24 hours to let you know if you have a case.
Q: When do I meet with or speak to my attorney?
A: Any time our clients wish to see us, an appointment with your attorney will be made. We understand your time is valuable to you.
Q: How often will I hear from my lawyer?
A: In a busy law practice it is almost impossible for an attorney (given court, depositions and client meetings) to call clients to give them routine updates. You should be aware of all hearings and meetings affecting your case. If you have questions regarding your case, you should feel comfortable in calling the office and to expect your questions to be answered. If you want to speak to your lawyer directly, he or she will return your call.
Q: Will they take my case to trial or simply look to settle it?
A: Elk & Elk lawyers prepare each and every case they take for trial. This means a great deal for our clients, including the fact that they’ll never have to put up with a pushy insurance adjuster pressuring them to make an unfair settlement; that they won’t be left alone to deal with the intimidation of a savvy defense attorney or have to wonder “what if?” When defendants know you’re ready, willing and able to take a claim all the way to a jury, if necessary, they’re less likely to try and low ball a settlement offer and take advantage of a plaintiff’s situation.
Q: How many multimillion-dollar cases have they won?
A: The accident/injury, medical malpractice, employment, product defect/drug recall and investment fraud attorneys at Elk & Elk have won more million and multimillion-dollar results for their clients than any other like-sized firm in Ohio over the last 10 years.
Q: Are they favored by groups like Ohio Super Lawyers Magazine and Avvo.com?
A: Each of Elk & Elk’s attorneys is highly regarded in his or her practice area. Elk & Elk attorneys are not only bar certified in the states in which they practice. They are also highly rated on third-party attorney databases like Avvo.com and in legal publications like Super Lawyers Magazine. Additionally, each of Elk & Elk’s attorneys is constantly brushing up through fulfilling the state’s continuing legal education requirements. A number of our attorneys also teach law, lecture and collaborate on various written projects like textbooks, journals and other forensic material in addition to their responsibilities with the firm.
Q: Can they take on big companies and multibillion-dollar insurance firms?
A: Few firms, if any, in Ohio can point to the extensive experience, resources and network of professional relationships Elk & Elk has developed in its nearly 50 years’ representing victims of injury in Ohio. One of our proudest achievements is the fact that we can – and routinely do – take on huge corporations, insurance company giants and the high-priced, courtroom-savvy lawyers they employ. Because of Elk & Elk, victims injured by the negligent acts of these kinds of well-supplied players don’t have to feel like they’re drowning in a sea of intimidating corporate types and smooth-talking insurance adjusters. We can – and we will – fight long and hard against whomever has injured our clients and/or their families in order to ensure their rights as injury victims are protected and they receive the compensation they deserve to get their lives back on track as quickly as possible following a catastrophe.
Q: How do I know a settlement is fair?
A: While we try and maximize the compensation we obtain for our clients, it is critical that a client understands the “NET” dollar amount he or she will receive. This may result in a client receiving more money from a lower dollar settlement offer early in a case than he or she would receive later once experts and other costs have been incurred. Always get the complete description of the settlement proposal before deciding whether to accept or reject any offer.
Q: Do they charge any up-front fees?
A: When you become a client of Elk & Elk, you will owe the firm nothing up front – not a dime. Because of our successes over the years, we’ve been able to build up the kinds of resources – financial, professional and practical – that allow us to fund your case to whatever extent necessary – including all court costs, clerks’ fees, doctor consultation, investigators, expert witnesses and any other case-related expenses – without having to ask for any fees, retainers or other moneys at the start of your case. In fact, if we take your case and we don’t win, in most cases, you’ll owe us nothing at all. This is what’s known as a contingency fee arrangement.
Q: Do they staff their own doctors, nurses, accountants, reconstructionists and investigators?
A: Elk & Elk isn’t just a group of lawyers. We’re a team of injury experts which includes much more than legal professionals. Yes – we do staff some of the finest lawyers and paralegals the profession has to offer, but we also have a full staff of non-legal professionals who help diversify our firm to the point at which we don’t have to go very far to find the answers we need for your tough legal questions. Our staff includes doctors, nurses, radiologists, life-care planners, investigators, accident reconstructionists, forensic analysts, economists accountants and experts – all so that we can quickly and accurately get to the bottom of your case and get you the compensation you deserve following a disaster.