What are the chances that my case will settle without a trial?

Very good. Over 95 percent of all cases filed in federal and state district courts are settled. Add this to the cases that are settle without filing suit, and the percentage of cases that are settled is much greater, probably over 99 percent. However, your case may or may not be right for settlement before filing suit, and you should ask the attorney what is best under your circumstances. Many attorneys do not want to handle cases that are challenged by a large insurance company or a large employer. Gilpin & Keefe handles cases for clients against the largest insurance companies, the largest employers and the state and federal government. Some of these defendants insist that their cases go to court, and other cases must be filed in court to get the amount you deserve. We will work with you to settle, and will go to trial when your case does not settle.

What is your experience in handling my type of case?

Experience is very important, especially when dealing in all areas of law. You would not want a first year attorney to handle a million dollar damages case or a complex litigation case. You should look for a firm or attorney that has the necessary experience for the size of your case or the type of case. Wrongful death and catastrophic injury cases require an attorney that can present the claim and retain the proper experts. Employee harassment claims and ERISA claim benefit denials require an attorney that knows this complex area of litigation and has experience in federal courts. Gilpin & Keefe have the knowledge and experience to handle these types of claims.

What trial experience do you have?

Trial experience tells you a lot about the ability of the firm, and how far they are willing to go to protect your rights. Make sure you meet the attorneys that go to court, many attorneys do not go to trial and send other attorneys. Make sure you feel comfortable with the attorney that you may be working with for some time. Gilpin & Keefe regularly has jury trials and bench trials, and our trial skills grow with each case. Please refer to the recent verdict and settlement section to see some of our most recent trials and case results.

When was your last trial?

Some attorneys believe that they serve their clients best by settling every case. The defense attorneys and their clients know if the attorney is one that will go to trial, and they factor in the willingness to go to trial in their settlement offers. Settling your case should be goal, but the real goal is to maximize your recovery, to get the most you deserve. The larger your case, the more likely that you will have a case filed in district court and not a magistrate court. Learning that the attorney has not been in district court for many years should make you wonder if the attorney has the trial skills to successfully represent you. Every month or two Gilpin & Keefe have trials scheduled. We are often asked to associate on cases because of our experience in federal court, and because other attorneys do not have much trial experience. When other attorneys cannot settle cases, they call Gilpin & Keefe.

How many cases does your firm handle?

What level of personal service are you looking for? If four attorneys handle 500 cases, will the attorney be able to give your case the attention it deserves? If the attorney works 200 hours each month, and oversees 125 cases, he spends on average about 1.5 hours on your case each month. If that attorney spends five days preparing for trial and three days at court that month, how much time will be devoted to your case, if any? If you have a small case, this firm may be right for you. If you have a larger case, you may want an attorney that will give your case the attention it deserves. After hiring an attorney, ask yourself if you are always speaking to the paralegal? Case loads at Gilpin & Keefe vary depending on the size and complexity of the cases. We usually have less than 60 district court litigation cases for our three attorneys. We handle other cases that do not require litigation. Having this number of litigation cases provides the ongoing litigation experience to keep our litigation skills sharp. We understand the process and help our clients understand as much of the process as possible.

After reviewing the facts of my case, what problems or concerns should I have?

Good attorneys look for problems and areas of concern right from the start, and are not afraid of discussing them with you. Proving damages and hiring experts are always important areas of concern. Case expenses are important to understand at the beginning. Nothing is worse than having an attorney explain important issues right before trying to talk you into a settlement after hearing how wonderful your case was for the longest time. Attorneys have a duty to explain the strengths and weaknesses of your case. Gilpin & Keefe will discuss the problems from the beginning and tell you why certain problems need to be investigated, and what steps prevent problems from occurring.

What costs are involved, and how will these costs be paid?

Costs cannot always be determined as the client walks in the door. However, a discussion of anticipated costs should be made at the first meeting to discuss the case. Minor injury cases involve the cost of obtaining medical records and taking pictures of damage to vehicles. Minor injury cases that go to trial require a medical professional to testify to the treatment received, and the cost is much higher. Understanding your case’s costs will help you value your claim and learn about the attorneys ability to handle your case. Some large cases can have expenses that exceed $100,000, and some much higher. Gilpin & Keefe explains the case costs involved in the first meeting.

Can you give me an idea of how your firm will proceed with my case?

The attorney should be able to give you a plan of how the case will proceed. In injury cases treatment must be received before the real value of the case can be estimated. Often, the client must wait before a settlement offer is made. The timing of settlement offers is important. If the amount of insurance coverage is limited, waiting for all treatment to be performed may not be in the best interests of the client. In employment cases, there is often a short time period in which to file suit, so immediate action may be required. In insurance claims cases, appeals must be filed within certain time frames.

How long will my case take?

You would like your case to be settled as soon as possible. This is a goal, but not always practical. As discussed above, treatment may be needed, or appeals need to be filed befor suit can be filed in court. If the other parties to your case contest who is responsible for an accident, additional investigation may be required, or an expert retained to help explain who is responsible. An experienced attorney can see some of the problems by review information available, or having had similar cases in the past. Cases that are filed in court usually take longer than those that are settled out of court. Judges determine the order in which cases are heard, and often the attorney has little control over exactly when a case can be heard. Gilpin & Keefe works with the clients, other attorneys and the judges to schedule the cases as soon as practical for the best interest of the client.

Do you associate with other attorneys on cases like mine?

When you know you have a real important case, is the firm willing to get additional attorneys that may provide valuable ideas about your case, and what is this going to cost you? Some cases require expertise in products liability, medical malpractice, etc. At Gilpin & Keefe we do not have expertise in every area of law, or in every liability situation. We share difficult liability work with other firms that may have more experience than us. We provide the same services to other firms, especially in areas of employment law and protecting your judgment or settlement from the claims of insurance companies and work related benefit plans.