What is a tort?
A “tort” is committed when one person is harmed because of the wrongful act of another. The purpose of tort law is to hold the individual, group, or company responsible for causing such harm accountable for their wrongful conduct. Car, motorcycle and truck accidents, slip-and-falls, product liability cases, fraud, cases of malpractice, mass torts and class actions are all different forms of “torts”.
Do I have a case?
It’s impossible for us to say with any certainty unless and until you contact us and advise us of the details of your particular situation. Every situation is very fact-specific, so the best way to determine whether you have a case is to contact us and share you story. We work hard to listen, research, investigate, and understand who might be at fault and whether they can be held accountable for the injuries and damages they caused.
What is my case worth?
Each person’s case is different. There are a number of factors that go into to determining the value of your case: the severity of your injuries; the specific circumstances of your case; insurance coverage and the extent of coverage; and the identity of the defendant; the egregiousness of the defendants conduct; your past and future medical expenses; your lost wages and/or loss of earning capacity; your life expectancy; whether your played in role in the accident resulting in your injuries; and your pain and suffering.
In truth, there is no “magical”, concrete way of determining a case’s value without delving into all the specific facts of the case. Once we have researched, gathered, evaluated and examined all your medical records and statements, and have an idea as to your future medical condition (will you need more treatment? are your injuries permanent? etc.) we can get a better idea.
What are your fees for handling my case?
We work on a contingency fee basis. This means we will charge a fee based upon a percentage of the recovery obtained either by settlement or jury verdict. If we are unable to successfully make a recovery for you, no fee is charged and you do not owe us for any expenses related to pursuing your case.
How long will it take before my case resolves?
Again, each person’s case is different. Depending on the complexities of the accident, your injuries, or a combination of both, the amount of time between the filing a lawsuit and resolution of your case will vary. For instance, if your case requires expert testimony, the collection of substantial amounts of evidence or other time-consuming aspects, then it will likely take longer than a case in which these things are not required. We will work to ensure your case is resolved as quickly as possible. In fact, it is actually impossible to know exactly when a case will conclude or how long a case will take.
How will I know what’s happening with my case?
We endeavor to keep out client informed about the progress of their case at every crucial step of the litigation process. You may not hear from us from time-to-time, but you are welcome and encouraged to contact us at any time for a status update.
What about the medial bills I am receiving – the accident wasn’t my fault?
The “at fault” party (or their insurance company) is responsible for paying for your medical care. Sometimes your health insurance or car insurance carrier will be involved with paying your medical expenses, but they are usually entitled to be paid back from any monies recovered from the “at fault” party (commonly referred to as the “tortfeasor”). We will work as best we can with your medical providers to keep them from putting any outstanding bills resulting from you accident into collections while your case is pending and until it is resolved.
What if I miss work because of my injuries?
You should keep a log of all the time you miss work because of the injuries sustained in your accident. This is true even if your employer makes you use sick time or vacation days. Documenting these losses is essential to making a class for lost wages.
What is a Deposition and what questions will I be asked?
A deposition is a tool used in the pretrial “discovery” process of a lawsuit to gain information and evidence. You will be required to appear at a specified time and place and give sworn testimony on subjects such as : what types of injuries have you suffered from as a result of the accident? Have you previously been involved in any other similar accidents, lawsuits or legal claims? Were there any witnesses to your accident? Did you speak to anyone at the accident scene? How has the accident and/or your injuries affected your life?
Prior to your deposition we will meet and prepare you by reviewing documents (such as police reports, witness statements, medical records, etc.) which are related to your claims. We will also be present during the actual deposition to assert legal objections and assist you through the entire process.
Who will ultimately decide my case?
Unless some sort of compromise and settlement can be reached, you will generally have a right to a trial by jury. Your trial will be presided over by a judge, who will decide issues of law and will make rulings on what evidence the jury is entitled to hear. The jury bears the responsibility of deciding who they think is telling the truth, who was a fault, and the amount of damages, if any, you are entitled to recover.
What are Statutes of Limitations?
A statute of limitations is a time limitation on a legal cause of action – if you do not bring your claim within the statutorily allowed period you are forever barred from bringing that particular claim. Statutes of Limitation usually begin running at the time a claim accrues (generally, the time at which an injury occurs). However, sometimes a person cannot discover the relationship between the injury and the cause of an injury (the causal connection) until after the wrongful conduct which caused the injury took place. A legal concept known as the “discovery rule” permits an individual to file suit after the applicable statute of limitations has run. The rule doesn’t apply to all civil injuries and its application varies depending on which jurisdiction (i.e., State) you are located in
In addition to the “discovery rule”, a person may argue that the statute of limitations for a particular claim has not run because it has been “tolled”. In very general terms, this means that something has temporarily stopped or stalled the statute of limitations from running for some period of time; the victim is a minor (or was a minor at the time the injury occurred); the victim is mentally incompetent; the defendant’s filing of bankruptcy (the federal bankruptcy rules provide for an “automatic stay” which ordinarily tolls the statute of limitations until the bankruptcy is resolved or the stay is lifted).
* State laws are constantly changing. In addition, there may be exceptions to the statutes of limitations summarized below. Contact us to confirm how a particular statute of limitations applies to your specific situation.
What are your disclaimer terms?
Full disclaimer terms can be found here.