We are pleased to offer the following information and list of website links in legal resources as a resource for people wishing to further research their claim, compare and evaluate attorneys credentials, or learn more about the legal process in general. We hope you find these links useful.
If you have any further questions or would like to review your case with one of our attorneys, please contact Stephens & Stephens today. One of our attorneys would be glad to meet with you free of charge.
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Q: What if Stephens & Stephens decides not to take the case?
A: If our attorneys do not think a lawsuit is feasible, we will write and let you know as soon as possible. An assessment of a case's potential outcome is by nature subjective; therefore, we always recommend that you get a "second opinion" when we decline a case. Other attorneys may see it differently. Our attorneys can let you know how much time remains to talk to another lawyer before the statute of limitations expires. (Generally, a claim must be filed within two years from the date of the accident.)
Q: How long will it take to get a recovery?
A: Unfortunately, there is no way to answer this question. Our attorneys typically settle simple cases within several months or even sooner. But more complex cases require more time. Your attorney should be able to give you a general sense of how long your claim may take to resolve once he or she has enough information to assess its relative complexity.
Because recoveries are never guaranteed, we strongly recommend that all of our clients live their lives and conduct their affairs - including coping with the consequences of their injuries - as if no lawsuit or claim existed.
Q: What does it cost to hire Stephens & Stephens?
A: Our attorneys charge no fees until a successful recovery is made. If we can't get you any money, we don't charge you for our services, and we absorb all expenses incurred in the effort.
If we are successful in making a recovery, expenses incurred to develop your claim are deducted from your portion of the total settlement or award only after the fee is deducted. We take a contingency as a fee-that covers our case advances for office overhead, staff time, and attorney time. The amount of the contingent fee charged depends upon the complexity and risk associated with the claim.
As an example: If a settlement was for $100,000 and case expenses were $8,000, the attorneys fees would be computed on $100,000. If the agreed-upon fee were 40%, the plaintiff would receive the remainder, or $52,000.
Q: What does it mean for a case to be economically feasible?
A: Lawsuits are expensive, time consuming, and emotionally draining for plaintiffs. It is not worth filing a claim unless the damages that potentially could be collected are worth the clients and the attorneys' time, trouble, and money involved. Our attorneys draw upon their experience with similar cases to evaluate the potential recovery in each case. They always hope to find a way to get clients fair financial compensation for their injuries. But if they honestly see little or no potential for a recovery, they will not take the case.
Q: How do I know if I have a case?
A: Talking with attorneys is the first step in determining whether you should seek legal recourse for injuries you (or a family member) have suffered. In an initial consultation, attorneys should seek answers to three key questions:
* How serious are the injuries?
* Does a liable party exist who is responsible for the damages?
* Is there time to file a lawsuit before the statute of limitations expires?
As a rule of thumb, a recent, serious accident that was caused by a well-insured, obviously negligent party is the best candidate for a legal claim. An accident that caused only minor injuries nearly two years ago, in which liability is contested, is a poorer candidate for a claim. However, it is essential that an experienced personal injury attorney evaluate the specifics of your situation. Only then can the attorney assess whether the potential claim is feasible to pursue. Contact our attorneys. We are qualified to handle your claim.
Q: What are the stages of a lawsuit? What is discovery, and when does it happen? How does discovery relate to depositions? Will I have to give a deposition in my own case?
A: The four basic stages in the development of a lawsuit are: 1) investigation and evaluation, 2) filing of the lawsuit, 3) discovery, and 4) trial.
A settlement can occur at any stage up to the return of a verdict by a jury. In complex cases, a settlement is most often reached during discovery.
The discovery phase of litigation is the time when counsel for both sides work to "discover" the objective facts in a lawsuit. It occurs after a lawsuit has been filed, but before the case goes to trial.
The first stage of discovery is written; the attorney on each side submits questions ("interrogatories") and receives written answers, and also requests key documents. The second stage is oral; where one or both attorneys can interview the key persons identified as having information about the facts and circumstances regarding the personal injury case, with a court reporter present. These legally binding interviews are called depositions.
If your case proceeds to discovery, the opposing counsel almost always will depose you. Your deposition will take place in our office, with your attorney present. We will prepare you for your deposition, review the facts of your case with you, and answer any questions you may have. Most clients find their deposition to be a surprisingly relaxed experience with the help of our attorneys.
Q: Is it likely that my case can be settled out of court?
A: Yes. Wes make every effort to reach a fair settlement, preferably before filing suit. This allows our clients to get compensation sooner and lessens the wear and tear on them, as well as avoiding the substantial expenses involved in a lawsuit and in trial preparation. Sometimes a quick settlement can be achieved. In other cases, settlement negotiations with the defendant's insurance company may take months, a year, or even longer.
If it appears that an acceptable settlement cannot be reached without a lawsuit, however, your personal injury attorney will file suit as soon as it seems advisable. Even after a lawsuit is filed, it remains highly likely that the case will be settled before it reaches the courtroom. If you need legal counsel, contact our attorneys.
