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GENERAL VIOLENT CRIMES VICTIMS FAQ's

1. How do I find an attorney?  Relatively few attorneys identify themselves as “crime victim attorneys” so it may be difficult to locate the right person. A referral is always the best way to find someone that you are comfortable with. Victims should feel free to consult with several lawyers before selecting one.
    
2. I’m being asked to sign a retainer agreement. What is this?  A retainer agreement is a contract for attorney representation, and you should fully understand all the details of the contract before signing it. You should feel comfortable in discussing the document with your attorney, but if you still have additional questions, your local bar association personnel may be able to explain laws, regulations, and common practices pertaining to contracts with attorneys in our state.
    
3. How much will hiring an attorney cost me?  Usually civil cases are billed on a contingency fee basis, meaning your attorney is only paid if you are awarded a monetary settlement or judgment. If the case is successful, the attorney’s fee comes from a predetermined percentage of the total award, usually ranging from 33-50% of the recovery. The percentage is set based upon the time involved and risk involved in your case and the potential amount recovered on behalf of the client. However, even if the case is unsuccessful, the victim may be responsible for paying certain costs associated with the case including filing fees, expert witness fees, and deposition-related expenses. Check your particular agreement. The fee for criminal cases varies by attorney. Be sure all costs are discussed and determined prior to signing the retainer agreement.
    
4. What kind of questions will an attorney ask me during my initial visit?  Attorneys frequently request information such as:
   • Date and time of criminal occurrence
   • Location of events, addresses, and description of premises
   • Identification of witnesses, if you are aware of any
   • Identification of physical evidence, again, if you are aware of any
   • A copy of the police report, identification of: the police department where the complaint was filed, the detective or officer assigned to the case, the complaint or report number, and statements taken as part of an investigation case and if so, who was the prosecutor and description of the case investigation that was conducted
   • Do you know the perpetrator and if so, what is the nature of your relationship, perpetrator’s name, address,
   • date of birth and social security number, employment information, and any information known about the perpetrator’s assets and insurance coverage
   • If the perpetrator is not known to the victim, your attorney will want a physical description of the perpetrator
   • If a third party may bear liability for the occurrence of the crime, details of events surrounding the crime and where it was committed are important such as where the occurrence took place and whether there was any security measures in place
   • Medical information such as injuries sustained and cost of future treatment
   • Identification of physicians and hospitals where you were treated
   • Extent of property damage
   • Amount of lost time from work, wages lost, and amount of other benefits that were received such as worker’s compensation
   • Source of funds to cover damages or losses such as insurance
   • If you are discussing the case with a civil attorney, he/she will want to know whether there was a criminal case and the details surrounding it.
      
5. How long will it take to resolve this case?  The time it takes to resolve a case depends on many factors, but you can count on a case taking at least 6 months to conclude. More serious cases can take years before they go to court.
    
6. How much is my civil case worth?  It depends on a number of factors that may include the following:
   1. What types of injuries were sustained?
   2. Are the injuries permanent?
   3. Where will the lawsuit be tried (generally, the county where the Defendant lives)?
   4. What are the out-of-pocket expenses (medical bills, lost wages, etc.)?
   5. Are there any “special factors” in this case?

   Normally, when a client meets with an attorney for the first time, many of these factors are unknown. Thus, the true value of a case does not become clear until the attorney has had the opportunity to investigate and find out the answers to these questions.

   Please contact an attorney who specializes in violent crimes immediately if you or someone you care about has been a victim of a violent crime.

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