Trial Lawyers for Injured People
Frequently Asked Questions
QUESTIONS
1. What do you charge to review a case?
2. Explain contingency fee.
3. What is the time limit (statute of limitations) to make a claim
for injuries?
4. How much can I recover from a settlement or judgment?
5. Will my case go to trial?
6. Are there special rules for claims against doctors or hospitals?
7. Do you handle cases for children?
8. I have a question you haven't answered.
ANSWERS
1. What do you charge to review a case?
An initial appointment to discuss the facts of a potential case is free.
Similarly, in medical negligence cases, we do not charge a fee to review
medical records. In most cases, where it appears that the claim is
meritorious, we will advance the costs necessary to investigate and
prosecute the claim. If we undertake formal representation, any costs
advanced are reimbursed to us at the case's conclusion, assuming we are able
to make a recovery on your behalf.
A contingency fee depends upon the successful outcome of a claim. Most
attorneys who specialize in personal injury claims use a contingency fee
agreement because injured clients often can't afford to pay an attorney for
services rendered on an hourly basis. The ultimate damage recovery provides
a fund from which attorney fees are paid. If we recover nothing for a
client, we receive no fee. Contingency fees are open to negotiation between
attorney and client; however, in certain types of cases (claims on behalf of
children, or claims against health care providers or the Federal Government,
etc.) maximum fee limits are established by statute. Contingency fee
agreements must be signed by both the attorney and the client.
3. What is the statute of limitations (time limit) to make a claim for
injuries?
The answer varies. Different statutes of limitation govern different types
of cases. In some cases, statutes of limitation for children run longer than
those for adults. Special statutes of limitation that govern the filing of
claims against public entities may be as short as six months from the date
of injury. Where injury does not manifest itself for many years after an
event or exposure (such as during a period of latency after exposure to
asbestos) the statute of limitations may not run for many, many years.
Because the running of the statute of limitations is dependent upon the
facts of an individual case, if you believe that you have a claim where the
statute of limitations may be running, we urge you to contact us as ASAP to
arrange for a free consultation.
4. How much can I recover from a settlement or judgment?
There's no secret formula or standardized method for evaluating the likely
settlement value or jury verdict potential in any given case. Case value is
case-specific, dependent upon factors such as liability, nature and extent
of injuries, nature and extent of permanent disability, economic losses
(including lost wages and medical bills), disfigurement, embarrassment, and
many other considerations. While we can provide ballpark figures based upon
results in trials and settlements of similar cases, no precise method exists
for predicting how much a certain injured person will recover in a
particular case.
The majority of claims handled by our office settle before trial. Most cases
settle without court or jury trial. However, because we can't predict
whether or not a case will settle without trial, our attorneys prepare all
cases in the same way, assuming that if a reasonable and fair settlement
cannot be reached, we are prepared to take the matter to trial on behalf of
our clients.
6. Are there special rules for claims against doctors or hospitals?
In Texas, for one example, doctors and hospitals are protected by special
rules which limit damages that can be awarded against them. Other state
provisions require special notice to doctors and hospitals before suit,
restrictions on attorneys' fees, and special statute of limitations
provisions. Repeated efforts to adjust the damage limits have failed because
of the strength of lobbyists for healthcare interests. In the meantime, the
profitability of medical malpractice insurance companies has soared.
Meanwhile, we continue the fight for injured individuals.
7. Do you handle cases for children?
Much of our work involves claims on behalf of clients under the age of 18.
Special rules govern the prosecution of children's cases. Any settlements or
judgment are subject to court supervision, and all costs and expenditures
must also be approved by a Superior Court judge. Special statutes of
limitation govern the prosecution of children's cases. Because the statutes
of limitation are different whether the case is one for medical negligence,
product liability, vehicular negligence, injuries occurring in the birth
process, etc., it is important to contact a professional as soon as possible
to determine when a child's statute of limitations expires.
8. I have a question that you have not answered.
Our attorneys are available to answer questions over the phone or via
e-mail; but the best way to find out about a case is to arrange a free
appointment. Please call us at 888/222-7052, contact us via fax at
713/535-7184, or e-mail our attorney lizy santiago, lsantiago@thematthewslawfirm.com.
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