What to Expect When You Work With Matt Burgess on a Personal Injury Case

Matt Burgess handles personal injury cases across South Carolina

The Law Office of Matt Burgess represents people injured in accidents—car crashes, workplace incidents, slip-and-fall cases, and other situations where someone else's negligence caused harm. Burgess works on a contingency basis, meaning you pay no upfront fees; he collects a percentage of any settlement or court award instead. His office is based in South Carolina and focuses on helping injured people understand their options and navigate the claims process.

If you've been injured and are considering legal representation, knowing what a personal injury attorney does—and what the process typically involves—can help you decide whether to reach out. This guide explains how personal injury cases work, what to expect when working with an attorney, and what questions to ask before hiring someone to represent you.

Key Takeaways

• Personal injury attorneys work on contingency, meaning they take payment only if you win your case or reach a settlement.
• The process typically involves gathering evidence, negotiating with insurance companies, and potentially filing a lawsuit if settlement talks stall.
• You'll need documentation of your injury, medical records, proof of lost wages, and details about how the accident happened.
• Most personal injury cases settle before trial, but your attorney should be prepared to go to court if necessary.
• The Law Office of Matt Burgess can be contacted to discuss your specific situation and whether representation makes sense for your case.

How contingency fees work in personal injury cases

When an attorney takes your case on contingency, you don't pay them an hourly rate or retainer. Instead, the attorney's fee comes from the money recovered—either through a settlement with the insurance company or a jury award at trial. The percentage varies but is often around one-third of the recovery, though it may be higher if the case goes to trial. You should always ask what percentage applies to your case before signing a representation agreement.

Beyond the attorney's fee, there are also case costs: filing fees, expert witness fees, medical record requests, and investigation expenses. Some attorneys advance these costs and recover them from the settlement; others ask you to pay them as they arise. Clarify this arrangement with your attorney upfront so there are no surprises later.

What happens in the first meeting with your attorney

During an initial consultation, your attorney will ask detailed questions about how your injury occurred, what medical care you've received, whether you've missed work, and whether you've already spoken to an insurance adjuster. Bring any documents you have: the accident report, medical records, photos of the scene or your injuries, insurance information for the at-fault party, and records of any expenses related to your injury.

Your attorney will explain whether your case has merit—meaning whether there's a reasonable basis to believe someone else was negligent and caused your harm. They'll also give you a realistic sense of what your case might be worth based on the severity of your injury, medical costs, lost wages, and pain and suffering. This is the time to ask questions about their experience, their approach to cases like yours, and how they'll keep you informed as the case moves forward.

Gathering evidence and building your case

After you hire an attorney, they'll begin collecting evidence to support your claim. This includes obtaining your complete medical records, requesting the accident report from police or the property owner, interviewing witnesses, and sometimes hiring experts—such as medical doctors or accident reconstructionists—to establish how the injury happened and what it will cost you long-term.

You'll also need to document your losses: medical bills, prescription receipts, proof of lost wages from your employer, and records of any ongoing treatment. The stronger your documentation, the stronger your negotiating position when your attorney approaches the insurance company. Your attorney will handle most of this work, but they may ask you to gather certain documents or sign authorization forms so they can request records on your behalf.

Negotiating with insurance companies

Once evidence is gathered, your attorney will send a demand letter to the at-fault party's insurance company. This letter outlines what happened, why the other party was negligent, what your injuries are, and what you're asking for in compensation. The insurance company will then make a counteroffer, and negotiation begins.

Most personal injury cases settle during this phase without going to trial. Your attorney will advise you on whether an offer is fair or whether holding out for more makes sense given the strength of your evidence. You always have the final say on whether to accept a settlement; your attorney cannot settle your case without your approval. If negotiations stall and the insurance company won't budge, your attorney can file a lawsuit and take the case to court.

What to do before you hire an attorney

Before contacting the Law Office of Matt Burgess or any personal injury attorney, seek medical care if you haven't already. Your health comes first, and medical records are essential to your case. If possible, document the accident scene with photos, get the names and contact information of any witnesses, and keep records of all expenses related to your injury.

Avoid posting about your injury on social media, and don't give a recorded statement to the other party's insurance company without your attorney present. Insurance adjusters are trained to minimize payouts, and anything you say can be used against you. Once you've hired an attorney, let them handle all communication with the insurance company.

Questions to ask before hiring representation

When you speak with an attorney about your case, ask how many personal injury cases they've handled, what percentage of their practice is personal injury law, and what their track record is with cases similar to yours. Ask about their contingency fee percentage, how case costs are handled, and how often they'll update you on your case's progress. Find out whether they handle cases in the county where your injury occurred and whether they're prepared to take your case to trial if needed.

You should also ask about their experience with the type of injury you sustained—whether it's a car accident, workplace injury, or premises liability—since different cases require different expertise. Finally, ask what happens if you're partially at fault for the accident, since South Carolina's comparative negligence rules may affect your recovery.

Frequently Asked Questions

How long does a personal injury case typically take?

Most cases settle within six months to a year, though some take longer depending on the complexity of the injury and how quickly the insurance company responds. Cases that go to trial can take one to three years from start to finish. Your attorney can give you a better timeline once they understand your specific situation.

What if I was partially at fault for the accident?

South Carolina follows comparative negligence rules, meaning you can still recover damages even if you were partly responsible—as long as you were less than 50 percent at fault. Your recovery will be reduced by your percentage of fault. Your attorney will help determine how much fault you might bear and how it affects your case value.

Do I have to go to court?

No. Most personal injury cases settle before trial. However, your attorney should be willing and prepared to take your case to court if the insurance company won't offer a fair settlement. You have the right to decide whether to accept a settlement or proceed to trial.

What if the at-fault party doesn't have insurance?

You may still have options. Your own insurance policy may include uninsured motorist coverage, or you might pursue a claim directly against the at-fault party's personal assets. Your attorney can explain what's available in your situation.

How do I contact the Law Office of Matt Burgess?

You can reach the office by phone or through their website to schedule a consultation. Most personal injury attorneys offer free initial consultations, so you can discuss your case without any cost or obligation.