Frequently Asked Legal Questions
Can I Afford To Hire An Attorney?
Personal injury, medical malpractice, workers’ compensation and civil rights cases usually do not require you to pay any fees up front. Instead, attorneys charge on a contingency fee basis for these types of cases. In other words, if you reach a monetary settlement or achieve a verdict in your favor at Court, the attorney will take a percentage of your award as the legal fee. If you do not reach a monetary settlement or achieve a verdict in your favor, you do not pay a legal fee.
However, many lawyers also advance case-related expenses (ex, filing fees, obtaining medical records, hiring medical experts to testify). They recover these separate expenses from the recovery, assuming you reach a settlement or achieve a verdict in your favor. If you do not reach a settlement or if the Court rules against you, you may need to repay these case-related expenses out of pocket. You should discuss the financial arrangements of your case with your attorney ahead of time so that you understand the fees for which you may be responsible.
When Is The Best Time To Contact A Lawyer?
If you believe you have a potential case or think you may need legal representation, it is best to contact a lawyer right away. In general, evidence wins or loses cases. The sooner an attorney can evaluate your case, obtain statements from witnesses, take photos of damages, and gather essential evidence, the better the end result you will achieve.
Contact the law firm of Wilhelm & Roemersma, P.C., today if you have any questions regarding a personal injury, medical malpractice, family law, workers’ compensation, bankruptcy or criminal defense matter. Our experienced attorneys will be happy to address your questions and concerns.
Will I Have To File A Lawsuit? What Happens When I Do?
If you do not reach a settlement after you bring your claim to the attention of the defendant, you need to file a lawsuit. While the law does not require you to retain a lawyer to file a lawsuit, it is advisable that you do so. Filing a lawsuit does not mean you lose all possibility of settling. In fact, you can still reach a settlement at any time after you file a lawsuit, and even after a trial has begun. Sometimes, simply filing a lawsuit can show a defendant that you are serious about your case and prompt the defendant to renew more sincere settlement negotiations.
A lawsuit starts when someone files a complaint. This person is the plaintiff, and the person the complaint is against is the defendant. The defendant needs to respond to the complaint and present any defenses. Then, the discovery phase starts, and a trial might happen based on the specifics of the case.
How Long Do I Have To File A Lawsuit?
The law protects defendants with the applicable “statute of limitations” for each respective case. In short, the statute of limitations sets the time period during which you must file a lawsuit. If the applicable statute of limitations expires before you file the lawsuit, the Court will dismiss the case as untimely.
For example, the statute of limitations for most medical malpractice cases is two years from when the victim discovered or should have discovered that his or her injury or illness was the result of physician negligence. Other cases have similar timelines, which is why it is extremely important to contact an attorney as soon as possible after the injury, illness, or event has occurred.
How Long Does The Legal Process Take?
Given the broad range of cases that exist, it is difficult to estimate the time needed to complete the legal process. While quick settlements are often unavailable, our dedicated attorneys focus on obtaining “full value” for your injury, which requires thorough investigation, evidence gathering and litigation preparation. As a general rule, you should never count on the settlement of a lawsuit for immediate income.
What Is Discovery, And What Is Its Purpose?
Discovery is the exchange of information by parties in a lawsuit. After someone files a complaint, the discovery process begins. This sometimes lengthy period before a trial allows both parties to “discover” information on the case. The purpose of discovery is to narrow the basis for the complaint by allowing both parties to investigate each other’s claims, defenses, and supporting evidence, thereby ultimately minimizing the surprises to either party during a trial or facilitating a resolution of the case.
Common discovery tools include interrogatories and depositions. Interrogatories are written questions submitted by one party to the other. Depositions are formal interviews where one party’s attorney asks a series of questions to an opposing party or witness under oath in the presence of a court reporter. Answers in both interrogatories and depositions must be given under oath and can be used later at trial.
Will An Attorney At Wilhelm & Roemersma, P.C., Take My Case?
Because each personal injury, medical malpractice, workers’ compensation, or civil rights case has its own individual set of factors which can affect whether or not the case is successful, we encourage all individuals who feel that they have been victims of negligence, discrimination, harassment or injury to contact our office at 908-454-3200. Our dedicated attorneys will carefully review your situation and provide you with guidance going forward.