Terms of Service

Personal Injury Lawyer of Chesapeake ("the Firm") is a law practice located in Chesapeake, Virginia, dedicated to representing clients in personal injury matters. These terms govern the legal services provided by the Firm to clients ("you" or "the Client").

By requesting or accepting representation from the Firm, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. The Firm reserves the right to modify these terms at any time, with notice provided to the Client.

The Firm specializes in personal injury cases, including but not limited to car accidents, slip-and-fall incidents, workplace injuries, and catastrophic injury claims. The scope of representation will be clearly outlined in a separate engagement letter or retainer agreement, which will specify the exact services to be provided and the fee arrangement.

These terms do not constitute legal advice, nor do they create an attorney-client relationship unless and until the Firm formally agrees to represent you in writing. Initial consultations are provided at no charge and without obligation.

As a client of Personal Injury Lawyer of Chesapeake, you agree to the following responsibilities:

• • Truthfulness and Accuracy: You agree to provide complete, accurate, and truthful information regarding your case, injuries, medical history, and all relevant facts. Any misrepresentation or omission may result in termination of representation and potential liability.
• • Timely Communication: You agree to respond promptly to communications from the Firm, including phone calls, emails, and requests for information or documentation. Failure to do so may delay your case or result in dismissal.
• • Document Preservation: You agree to preserve all documents, photographs, videos, and other evidence related to your case and to provide them to the Firm upon request.
• • Medical Treatment Cooperation: You agree to follow medical recommendations and maintain regular medical treatment. Failure to do so may negatively impact your claim.
• • No Direct Negotiations: You agree not to communicate directly with opposing parties, their insurance representatives, or their counsel without the Firm's prior written consent.
• • Payment of Costs: You agree to reimburse the Firm for all reasonable out-of-pocket costs incurred in pursuing your case, including court filing fees, expert witness fees, medical record retrieval, and investigation expenses.

Contingency Fee Agreement: The Firm typically represents personal injury clients on a contingency fee basis. This means you pay no attorney's fees unless and until the Firm recovers compensation for you through settlement, judgment, or other means.

Fee Percentage: The contingency fee percentage will be specified in your engagement letter and typically ranges from 25% to 40% of the gross recovery, depending on the complexity of your case and whether it is resolved before or after trial. The exact percentage will be clearly communicated before you sign any agreement.

Case Costs: You remain responsible for reasonable out-of-pocket costs incurred in pursuing your case, such as:

• • Court filing and service fees
• • Expert witness fees and reports
• • Medical record retrieval and copying
• • Investigation and discovery expenses
• • Deposition and trial preparation costs

These costs may be deducted from your recovery or billed separately, as specified in your engagement letter. If your case is unsuccessful, you may still be responsible for certain unreimbursed costs, depending on your agreement with the Firm.

Settlement and Payment: Any settlement or judgment will be deposited into the Firm's client trust account. After all costs and the Firm's contingency fee are deducted, the remaining balance will be paid to you within a reasonable time frame, typically within 10 business days of settlement clearance.

No Upfront Fees: You will never be required to pay any attorney's fees upfront. The Firm's representation is contingent upon successful recovery.

Attorney-Client Privilege: Communications between you and the Firm are protected by attorney-client privilege and are confidential. The Firm will not disclose any information you provide without your written consent, except as required by law or court order.

Limitations on Confidentiality: Notwithstanding the above, the Firm may disclose information if:

• • Required by law, court order, or legal process
• • Necessary to prevent a crime or fraud
• • Required to defend the Firm against claims of malpractice or breach of duty
• • Necessary to pursue or collect fees owed

Work Product Doctrine: All work product, documents, and materials prepared by the Firm in anticipation of litigation are protected from disclosure and are the property of the Firm, even after representation ends.

Client Records: The Firm maintains client files and records in accordance with Virginia Rules of Professional Conduct. Upon termination of representation, the Firm will retain client files for a period of time as required by law and professional standards.

No Guarantee of Results: The Firm does not guarantee any specific outcome, settlement amount, or verdict in your case. Personal injury claims are subject to numerous variables, including the strength of evidence, applicable law, insurance policy limits, and the decisions of judges and juries.

Honest Assessment: The Firm will provide you with honest assessments of your case's strengths and weaknesses, realistic expectations regarding potential recovery, and strategic advice to maximize your compensation. However, the ultimate outcome of your case is not within the Firm's sole control.

Disclaimer of Damages: To the fullest extent permitted by law, the Firm shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to the Firm's representation, including but not limited to lost profits, loss of opportunity, or emotional distress.

Statute of Limitations: You acknowledge that failure to file a claim within the applicable statute of limitations will result in the loss of your right to recover. The Firm will advise you of relevant deadlines, but you are ultimately responsible for ensuring timely action.

Third-Party Conduct: The Firm is not liable for the conduct of third parties, including medical providers, investigators, opposing counsel, or court officials, whose actions or inactions may affect your case.

Good Faith Negotiation: If a dispute arises between you and the Firm regarding the services provided, fees, or any other matter, both parties agree to attempt to resolve the matter in good faith through direct communication and negotiation.

Mediation: If direct negotiation fails, either party may request non-binding mediation with a mutually agreed-upon mediator. The costs of mediation shall be shared equally unless otherwise agreed.

Virginia State Bar Grievance Process: If you believe the Firm has violated professional ethical standards, you may file a grievance with the Virginia State Bar. Information regarding the grievance process is available at www.vsb.org.

Arbitration: Any dispute not resolved through negotiation or mediation may be submitted to binding arbitration in accordance with Virginia law. Arbitration shall be conducted by a single arbitrator agreed upon by both parties.

Litigation: Any legal action arising out of these terms shall be brought exclusively in the state or federal courts located in Chesapeake, Virginia, and both parties consent to the jurisdiction and venue of such courts.

Termination by Client: You may terminate the Firm's representation at any time by providing written notice. Upon termination, you remain responsible for any costs incurred up to the date of termination and any fees owed under the contingency agreement if the Firm later recovers compensation on your behalf.

Termination by Firm: The Firm may terminate representation for the following reasons:

• • Breach of these terms or the engagement letter
• • Failure to cooperate or provide necessary information
• • Misrepresentation or fraud by the client
• • Non-payment of agreed-upon costs or fees
• • Conflict of interest
• • Client conduct that violates professional ethics rules

Upon termination by the Firm, you will be notified in writing with reasonable notice to allow you to seek alternative counsel. The Firm will cooperate in transferring your file and information as required by law.

Lien Rights: The Firm reserves the right to assert a lien against any recovery obtained in your case to secure payment of fees and costs owed, in accordance with Virginia law.

These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. The Virginia Rules of Professional Conduct shall govern the Firm's conduct and the attorney-client relationship.

By engaging the Firm, you consent to the exclusive jurisdiction of the state and federal courts located in Chesapeake, Virginia, for any legal proceedings arising out of or related to these terms or the Firm's representation.

If you have questions about these Terms of Service or need to contact the Firm regarding your representation, please reach out using the following information: