2300 Far Hills Ave, Oakwood Ohio 45419 | 937.226.1770
In the early stages of a case, particularly an injury case, it is difficult to estimate your money damages, and thus your case’s value. Once medical treatment is complete, or our client has reached maximum medical improvement, the case’s value becomes apparent, because by then we have solid information about past and future medical expense, lost income, and loss of household services. Notably, “case value” is generally a dollar range, rather than a precise number, because due to cost, the amount a jury would likely award in money damages at trial usually has a settlement equivalent, which is a lesser number.
Ultimately, a decision must be made whether to settle your case or take it to trial. When that moment arrives, we will draw upon our knowledge, training and experience, and research the verdicts and settlements of similarly situated persons. Simply put, if the funds offered in settlement are reasonable, we will recommend settlement. If we believe that the compensation you would likely receive from a jury would be significantly greater, then we will recommend that you go to trial.
Case duration varies from jurisdiction to jurisdiction. In some jurisdictions, we can conclude a case not involving permanent injury or disability in as little as six months. In complex cases, like medical malpractice, the timeline can be as long as four years. Generally speaking, cases not involving permanent injury or disability are resolved in nine to twelve months. Medical malpractice cases tend to take longer, approximately two years. Again, these are estimates. Some courts have dockets that are notoriously longer or shorter.
Because an injury claim can take months or years to conclude, and compensation is not paid in the meantime, it is no substitute for disability insurance. The Ohio Rules of Professional Conduct, Ohio’s legal ethics rules, preclude us from supporting you and your family financially while you are recuperating and off work. Because disability of some duration can befall even the healthiest among us, we recommend that you consult your insurance agent about the costs and benefits of disability insurance.
In injury cases, we typically represent clients on a one-third contingency fee basis, i.e., our fee is one-third of all sums recovered before or after trial, plus expenses. This percentage is less than what many law firms charge for their services, especially for medical malpractice representation. For med mal, the customary fee is 40%, plus expenses, because these cases tend to be high cost and higher risk.

Our one-third contingency fee arrangement means that if, for example, we obtain a verdict or settlement of $300,000, and we have advanced $25,000 in litigation expenses (e.g., expert witness fees, filing fees, court reporting fees, travel, etc.), then we receive $125,000 from the proceeds of the settlement, and the balance of $175,000 is distributed to our client and, if necessary, to the persons, firms, insurers, or governmental agencies that have paid for injury-related medical treatment. When all is said and done, the sum our client nets from a personal injury settlement is generally an amount representing non-economic loss, i.e., compensation for pain, suffering, inconvenience, and loss of enjoyment of life.

In most business cases, and in cases where we are asked to represent the defendant, we bill our client on an hourly basis. Our time and billing program bills to the second, so unlike other firms, we do not bill for a quarter hour for a telephone call lasting just a few minutes. Our hourly rates vary depending on the attorney assigned to the case, the complexity of the case, the urgency of the case, and other factors. If you have been sued, have been threatened with a lawsuit, or are a business in need of trial counsel, please contact us for a rate quote.

Injury settlements and jury verdicts are generally not taxable under the Internal Revenue Code or the Ohio Revised Code. The reason is that the Internal Revenue Service and the Ohio Department of Taxation regard these receipts as reimbursements for a loss, not as income. Settlements or verdicts for lost profits or lost income can be, and often are, taxed as income. If you are considering settlement of a claim for lost profits or lost income, you should consult with a competent tax professional before deciding one way or the other.
Unless instructed otherwise, we send our clients everything that comes to our office, or leaves our office, that pertains to the case. This practice helps to keep you informed about the status of your case. On routine matters, such as scheduling, your contact person will be either Melissa Sayer, Katie Williams or Nicole Wilson. Neither Nicole, Katie, nor Melissa, is qualified to give legal advice, and they will not do so. That advice can only come from a lawyer. When you have a legal question, or require legal advice, you will communicate directly with Mr. Intili or Ms. Groves or, in some cases, both of them.
Unless we are in trial or out of town, return calls usually occur in less than twenty-four hours. If twenty-four hours has elapsed, and we have not returned your call, please accept our apologies for the delay, and call us back.
In most cases, the courts prioritize our work for us through their scheduling orders. In other words, we prioritize our work in order to meet deadlines set forth in pretrial scheduling orders. What this means is that in most cases there is a burst of activity at the beginning of a case (the complaint, the answer, paper discovery, pretrial scheduling) and at the end of the case (expert depositions, perpetuations of trial testimony, mediations, dispositive motions, trial) with somewhat of a lull in the middle. If your case cannot be resolved before filing, we will furnish you with a copy of the pretrial scheduling order so you are aware of important dates in your case.
Except in the rarest of circumstances, everything we communicate to you, and everything you communicate to us is absolutely confidential and off limits to third parties, even the judge in your case. Neither we, nor you, can be ordered or compelled to divulge our attorney-client communications, unless you waive your attorneyclient privilege. Generally, the attorney-client privilege is waived when you disclose confidential attorney-client communications to a third party, so don’t do it. It could jeopardize your case unreasonably and unnecessarily.

Have a question? Please call us and we will answer it for you promptly.