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Filing
a legal claim can be an emotional and stressful experience.
We understand. So we'll do our best to explain the entire
process, how each phase affects your case and what we can
do to bring justice to the situation.
Our attorneys have expertise in cases involving severe brain
injury, product defects, workplace injury, medical negligence,
civil rights violations and more.
We offer the following information to help you understand
the process.
Common questions
How
do I choose an attorney?
How does the
litigation process work?
How much
will it cost for you to represent me?
I want to file a lawsuit.
What is the first step?
How does
the process of bringing a claim work?
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How do I choose an
attorney?
Choosing the right attorney requires thought and care. In
most cases you’ll work closely with your attorney
for a long time, and you may need to discuss matters that
are personal and, sometimes, painful. Take time to find
the right lawyer – one that you feel comfortable working
with.
Don’t just search the yellow pages for a big advertisement.
Ask friends or professionals that you know or work with.
If you already have a lawyer for estate or other matters,
he or she might make helpful recommendations. You also can
use your computer to go online and find out what you can
about attorneys in your area who handle the sort of case
you want to bring.
Once you’ve begun to consider an individual attorney,
take time to meet the lawyer and his or her staff and get
a feel for them as people. Any attorney worth hiring will
be glad to meet with you and answer your questions about
the merits of your case, attorneys’ fees and other
costs.
You also need to make sure you hire an attorney
who is qualified to handle the issues involved in your case.
Most lawyers focus their work on certain areas of practice
– and it’s usually best to find an attorney
who is experienced in the sort of claim you are considering.
What sort of cases has the attorney handled in the past?
Does he or she have the resources – staff, partners
and monetary – to handle your claim? What sort of
success has he or she had?
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How
does the litigation process work?
The litigation process is divided into four phases.
Stage One: The first stage involves the investigation
and filing of the complaint. During this stage, the attorney
and staff investigate the factual basis of the claim and
legal theories of liability. The attorney may hire investigators,
expert witnesses and obtain documents that are necessary
to evaluate and pursue the claim. After the complaint is
filed, the defendant files what is known as an "answer."
The answer denies the factual allegations stated in the
complaint and denies any liability for the claim.
Stage Two: The second stage of the litigation process
is known as discovery. Discovery allows both the plaintiff
and defendants to send written questions to the opposing
party (called "interrogatories") that need to
be answered under oath. It allows production of documents
from the other side. It allows for out-of-court testimony
called a "deposition." As a plaintiff, you and
your lay and expert witnesses (such as treating physicians)
will be deposed. The discovery phase allows the parties
to subpoena third parties who are not part of the lawsuit
to obtain documents or testimony.
Stage Three: The third stage is known as
pre-trial motions stage. During this stage, the parties
bring pre-trial motions in order to (a) have the case dismissed
or the issues narrowed; (b) to obtain discovery that was
not allowed; (c) to establish the procedures to be used
at trial.
Stage Four: The fourth stage is the resolution
of the case. Most cases settle at a mediation, or following
an exchange of demands and offers. Cases that don't settle
move forward to an arbitration or trial. During this phase,
the parties present their case to a judge or jury by way
of live testimony and submission of exhibits. After hearing
the evidence from all sides and listening to the instructions
of law given by the judge in the case, the jury renders
a verdict. There is a right to appeal from a verdict that
can be exercised by either party. The appeal process generally
takes two years.
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How
much will it cost for you to represent me?
This is an important question, and the answer can be different
in each case. Most lawyers in personal injury or wrongful
death cases will agree to handle a case on either an hourly
fee or a contingency fee basis. An hourly fee involves paying
a retainer of a certain amount, and then being billed on
a monthly basis for work that is done. The more hours worked
by the lawyer, the more the fees involved in the case. Lawyers
are expensive, and a successful lawsuit requires a tremendous
investment or time and cost. There is never any guarantee
of a successful outcome in such an arrangement and, if the
case were lost, the client is out all fees paid to the lawyers.
Most people just can't afford to pay a law firm to represent
them in a case.
Fortunately, our civil justice system still allows lawyers
to charge what's called a "contingency fee."
A contingency fee is a fee that is based on the outcome
of the case. If the case is lost, no fee is charged. If
the case is won, a percentage of the recovery is charged.
Sometimes that percentage reflects the amount of work that
has to be done. In other words, the percentage may be lower
if the case settles early, a higher percentage if the case
settles close to trial or after trial starts.
A separate issue involves the costs of the lawsuit. Filing
a lawsuit requires payment of a filing fee. Securing medical
records results in charges. Taking depositions requires
payments to a court reporter and payment of doctors when
they testify. Hiring expert witnesses can be expensive.
Copying charges, fax charges, telephone charges, travel
expenses, etc. may also be involved. There are many other
potential kinds of costs that may be associated with the
handling of a given case. These costs are ultimately your
responsibility as the client. However, most lawyers will
agree to advance those costs during the litigation and then
secure reimbursement for them at the end of the case.
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I want to file a lawsuit.
What is the first step?
The first step in filing a lawsuit is selecting and then
meeting with your attorney to prepare the lawsuit. The attorney
will help you investigate the case, determine what parties
may be liable to you and select the theories of liability
that will be included in the lawsuit. Once this process
is completed, the attorney will file and serve a "complaint.".
The complaint will name you as the plaintiff and the parties
that are at fault as defendants. The complaint will state
the facts of your claim and the legal theories of liability
you are pursuing (for instance, negligence, product liability,
consumer protection, etc.). The complaint will set forth
the kind of damages you are asking for but will rarely set
the amount of damages that you are claiming.
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How
does the process of bringing a claim work?
Bringing a claim usually involves filing a lawsuit with
the courts and having it served upon the Defendants, or
people that you are suing. However, much work must be done
before the filing of such a lawsuit.
An appropriate investigation needs to be done to establish
the basis of the lawsuit. Records need to be secured, witnesses
may need to be interviewed, legal research may become necessary,
and experts may need to be hired who can express opinions
on the issues involved in the case. Only after proper due
diligence has been done to establish the basis for a lawsuit,
can a complaint be filed with the courts.
In some instances a claim can be filed with the insurance
company by letter. It is sometimes possible to exchange
information directly with the insurance company in order
to reach an agreement on a proper evaluation of the case
and a settlement of the matter without the need for filing
suit. However, in today's climate and with the attitudes
of most insurance companies, this is seldom possible.
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