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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.

We offer the following information to help you understand the process.

 

Common questions

 

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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