Our personal injury lawyers answer the questions we are asked most often below. Don’t see your question? Give us a call. We’re happy to help and get you the information you need.
What will it cost to file a lawsuit?
Choose a law firm that will work on a contingent fee basis. Contingent fee lawyers bear the financial risk of the case, meaning that they only get paid if they successfully recover compensation for you. The lawyers receive a portion of the compensation they recover for you as their payment.
Your attorney also should pay all the costs of your case—including research, filing, expert witnesses, depositions, interrogatories, and trial. They may borrow the money to fund it and the interest will be a litigation expense, but you won’t be responsible for the financing, even if you lose your case. You don’t reimburse the lawyers unless and until they obtain compensation for you.
In other words, you should have NO out of pocket costs and no upfront legal fees to pay unless (and until) you win your lawsuit.
How do I know if I should file a lawsuit?
It is natural to want to know your rights when your life—or that of a loved one—has been seriously injured, or your health has been devastated by exposure to a toxic substance or dangerous drug. A qualified attorney can advise you about the strength of your case, and help you understand the process involved in bringing a claim.
Will I have to testify?
You will likely have to give a deposition—a formal interview in which you are under oath and a court reporter records what you say. The deposition may be used later on in court as testimony. There is no reason to worry; all you have to do is tell the truth. Hendler Flores lawyers always prepare you by explaining what kinds of questions to expect, and by giving you advice on how to tell your story most effectively.
Lawyers representing everyone in the case will be present. Remember that your own Hendler Flores lawyer will also be there with you to protect your interests. If your case goes to trial, you also may have to testify in court. As with the deposition, your Hendler Flores lawyer will prepare you to testify in court. Frequently, both sides try to reach a settlement instead of going to trial. The decision to accept or reject any settlement offers is yours.
How long does a lawsuit take?
This depends on many things: where the case is filed, whether the court is state or federal, how many other cases the judge has that require his or her attention, and how quickly your particular judge tends to set cases for trial. Your lawyer should work to move your case through the process as quickly as possible.
How much time do I have before I decide to file a lawsuit?
You have limited time for filing a lawsuit, so you should contact a lawyer as soon as possible. The rules (called statutes of limitations) are complicated and each state’s law is different. In some states, you must file within just one year from the date of death, injury, or diagnosis of an illness. Keep in mind that it can take months to investigate a claim fully before filing a lawsuit, so you shouldn’t delay in talking with a qualified attorney. You also don’t want to let evidence get stale. So contact a lawyer as soon as possible.
How much will I receive?
Every case is unique and the amount of compensation depends on the specific circumstances of each case, so it is nearly impossible to predict how much you should expect. In some cases, where there has been a significant number of other cases settled for similar injuries, it’s sometimes possible to predict a range; but, every case is different and the facts of each case can—and often do—lead to different results.
What are my chances of success?
Your success will turn on the specific facts of your case. When you select a lawyer, you should meet with them to discuss the strengths and weaknesses of your case.