FAQ

This depends on the type of claim you are filing and where the claim is being filed at. Your claim time limit will vary based on the state in which you live and the type of damage you need to report. A statute of limitations is a set time period during which you can bring forward legal action. If you wait until after the statute of limitations expires in your state, you’re going to be out of luck with your claim.

Statutes of limitations vary by both state and by the type of claim.

Our civil cases are handled on a contingent fee basis. This is a fee based solely on a percentage of the money we recover for our clients. The initial consultation we have with our clients is free. If there is no financial recovery for the client, then we charge no fee. This allows our partners to represent individuals who might not otherwise have the money to hire a lawyer. Our criminal defense cases are handled on a case-by-case basis. The nature of the charge and complexity of the case will determine the fee.

When you get into an accident, you might have the right to recover compensation for your injuries. One way to get money is by filing a lawsuit – or “filing suit” – against the person who caused you to get hurt.

Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments. Arbitration is different from mediation because the neutral arbitrator has the authority to make a decision about the dispute. The arbitration process is similar to a trial in that the parties make opening statements and present evidence to the arbitrator.

Mediation is a private process where a neutral third person called a mediator helps the parties discuss and try to resolve the dispute. The parties have the opportunity to describe the issues, discuss their interests, understandings, and feelings; provide each other with information and explore ideas for the resolution of the dispute. While courts can mandate that certain cases go to mediation, the process remains "voluntary" in that the parties are not required to come to agreement. The mediator does not have the power to make a decision for the parties, but can help the parties find a resolution that is mutually acceptable. The only people who can resolve the dispute in mediation are the parties themselves. There are a number of different ways that a mediation can proceed.

If you win a lawsuit, you may be entitled to a sum of money, known in the legal world as "damages." Damages, in many cases, come in two major categories: punitive and compensatory damages. Punitive damages seek to punish the person for their wrongdoing. In contrast, compensatory damages are intended simply to pay the person who was injured.

Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful. Punitive damages are normally not awarded in the context of a breach of contract claim.

Negligence is a legal theory that must be proved before you can hold a person or company legally responsible for the harm you suffered. Proving negligence is required in most claims from accidents or injuries, such as car accidents or "slip and fall" cases. Negligence claims must prove four things in court: duty, breach, causation, and damages/harm.

Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of "negligence" the careless person will be legally liable for any resulting harm. This basis for assessing and determining fault is utilized in most disputes involving an accident or injury, during informal settlement talks, and up through a trial in a personal injury lawsuit.

Fault means that someone was responsible for causing harm -- usually through carelessness that rises to the level of negligence -- and must pay compensation for all injuries and other losses stemming from that harm. If a personal injury lawsuit goes to court, the result can be a civil jury award in the hundreds of thousands or even millions of dollars.

Sometimes not just one person is at fault. You may have been negligent, and someone else may also have been negligent, making both of you at fault.

In shared fault situations in a personal injury case, every state follows some variation of one of two legal rules: comparative negligence or contributory negligence.

Preparation can make your personal injury deposition experience a lot less intimidating. The best way to understand what to expect at your deposition is to talk with your attorney about the process. Your attorney has a vested interest in making sure you handle the other side's questions the right way, and she will make sure you’re as prepared as possible.

-What is your current address? What are your previous home --addresses over the last 10/15/20 years?
-What types of illnesses and injuries have you suffered from ---during the course of your life?
-Have you previously been involved in any other lawsuits or ----legal claims (i.e. workers' compensation)?
-Were there any witnesses to the accident?
-Did you file an insurance claim?
-What is the nature of your injury?
-What is your job history?

Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.

Informed consent is a process of communication between you and your health care provider that often leads to agreement or permission for care, treatment, or services. Every patient has the right to get information and ask questions before procedures and treatments. If adult patients are mentally able to make their own decisions, medical care cannot begin unless they give informed consent.

Medical malpractice cases are costly and time consuming to litigate -- for both the plaintiff and the physician/defendant. In an attempt to reduce the number of medical malpractice cases filed, many states have passed laws requiring plaintiffs’ lawyers in medical malpractice cases to submit some proof of medical malpractice on the part of the defendant at the beginning of the case -- before they will be allowed to proceed with the lawsuit. This proof is usually in the form of a report that in some states is called the Certificate of Merit or Affidavit of Merit, and in others, an Offer of Proof. Read on to learn more about this kind of proof.

If a doctor fails to make an accurate and timely diagnosis of a harmful medical condition, a patient might be able to pursue a legal remedy by filing a medical malpractice lawsuit. But it's important to keep in mind that mistakes and bad outcomes don't always mean medical negligence has occurred, at least not in the eyes of the law.