Frequently Asked Questions - FAQ

What is a personal injury case?

A personal injury case is a legal action for someone who is injured against the person or entity that caused the injury. Some of the most common types of injury cases are car wrecks, truck collisions, and slip and falls. There is also medical malpractice, products liability, and intentional violence like assault and battery.

What can I get for my personal injury case?

You can get money, called damages in this context, for your personal injury. How much money you can receive depends on a number of factors, including the severity of your injury, the defendant’s assets or insurance coverage, and the overall strength of your case.

What will my case cost me?

The Law Office of Koby Kirkland charges a contingency fee for personal injury cases. Like commission, I get paid a percentage of what you recovery for your case. If you recover nothing, then I recover nothing. There is no up-front fee and you will never owe me anything out of pocket. My attorney’s fees range from 20-45% of the recovery, usually around 33%. I front the case expenses (like filing fees, trial costs, or paying expert witnesses), which are paid out of your recovery at the end of the case.

How long does it take?

The case ends when the person or organization that harmed my client pays damages for the harm they caused. Unfortunately, when that happens is not controlled by the client or me, but by the Court and the defendant. We try to reasonably settle cases as they progress, and many cases are resolved within a year or two. But if a defendant wants to fight and drag out a case, they can do so for a long time.

What is the case process like for the client?

This can be an emotional process. At first, there is not much to it. We will have a conversation so I can get all the case details and start working up the case. Not much will be required of the client initially, but as the case goes on, the client can get more involved. If a lawsuit is filed, the other side will ask written questions of the client, which can be intrusive and cover private topics. The people involved in the case may be deposed (questioned on the record by the other side’s attorney), which can also be a stressful, emotional experience. Although many cases do not go all the way to trial, the trials that do occur are stressful and grueling. I can help guide you through this process.

When should I talk to a lawyer?

Some of my colleagues in the plaintiff’s injury bar may disagree, but in my opinion, you do not need a lawyer for every single injury. Many minor injuries or incidents with low property damage can be handled informally without involving a lawyer.

However, people and insurance companies do not like paying claims. Sometimes they will do the right thing, but it is common for people to blame the injured victim, or offer to pay for only part of the losses caused by the injury. This is especially true if the injuries were serious and the treatment expensive. The greater the injuries –> the higher the medical expenses and pain and suffering damages –> the less likely it is that the person who hurt you (or their insurance company) will make you a fair offer. I can take this load off your shoulders and work up your case to make sure all your losses are covered.

When can we start my case?

Almost immediately. We can start with a consultation over the phone. I will advise you about your case and whether we can help you, then we will sign you up as a client and get started.

How often will we talk during the case?

I typically communicate with clients about once a month. If there is a lot going on in the case then we will be talking more, and when the case is calm we won’t talk as often. When a client reaches out to me, I get back to them promptly.

What is the best way to contact the Law Office of Koby Kirkland?

Use my contact form, call (251) 210-9158, or email me at