Frequently Asked Questions

Do I need to be a permanent resident or citizen to sue for personal injuries?

No. The courts are open to all victims of negligence. It does not matter what your immigration status.

How much money will the jury award me in my case?

Every case is different. The jury decides how much money to award. The jury is given no formula. However, we constantly study jury verdicts and have our own experience with juries. Once we know the facts of your case, we then discuss them with you and compare them to other similar cases where jury have considered similar cases. That way, you will make an informed decision on the monetary goal in your case.

When will the lawsuit be filed?

Often, we file suit if initial negotiations are unsuccessful. On other occasions, we do not engage in pre-suit negotiations. We simply file suit after confirming the identity of the proper parties and if necessary, the existence of insurance. Every case is different. The winning strategy for your case will be based on its particular facts and circumstances.

What happens after the suit is filed?

After suit is filed, there are two basic activity areas. One is the on-going investigation and research. In this regard, we may use experts and professional investigators. The second is what lawyers call "discovery." Court rules permit each side to formally request their opponent to furnish specific information. These rules permit broad information disclosure even though much of it will not be admissible at trial. The Courts permit broad discovery on the theory that each side is entitled to look at a lot of information to find those kernels that may be relevant at trial. The deadline to respond to these requests is usually 30 days. There are various types of discovery tools, including: 1. Interrogatories -- a series of written questions that one side asks the other; the answers are in writing and under oath. 2. Requests For Production -- requesting the other to produce documents and other items that might relate to the case. 3. Depositions -- oral question and answer sessions under oath and transcribed by a court reporter. Generally, we use all of these discovery tools. Our opponent will also use them. When this happens, we will need your help in responding. Sometimes, your help can be managed by phone. Other times, we will arrange a meeting in our office.

What are trial and mediation like?

It is our goal to prepare your case to win and move it to trial as fast as possible. We find that opposing parties often do not focus on settling until they are facing an impending trial. Sometime after the initial discovery is complete, we will request the court to give us a trial date. Typically, the judge will give us a date within 2 to 6 months. Every judge is different. Some judges give sooner dates simply because they run a more efficient court. Once the case is set for trial, the court will put on us on the trial calendar for a given period along with other cases. Generally, the trial calendar is 3 to 4 weeks long. We may be called to trial at any time on the calendar. We cannot control the exact date. That is up to the judge. There are circumstances, however, where the judge may give a special trial setting with a date certain, but this is rare. Do not be intimated if the case ends up in trial. Our clients are usually surprised by the experience and leave the courtroom with a positive impression of the judicial system. The particular strategy for a trial will vary. But there is one simple philosophy that we always adhere to -- we present a straightforward, honest case that deals with all facts and hides from none. Although no particular outcome is guaranteed, we find that juries appreciate and reward this kind of honesty. The court will require us to mediate before trial. Mediation is a confidential, informal proceeding. Present are a neutral mediator, the parties, and their attorneys. After hearing a presentation from each attorney, the mediator separates the parties and then shuttles between the two, attempting to reach a settlement. Cases often settle at mediation.

How do I find out the status of my case?

Always feel free to call us for a case status. If the lawyer is not there, speak to the staff. They can answer most of the administrative questions. We live in a society accustomed to fast food service and the like. Unfortunately, our judicial system does not move at this kind of speed. It is not that the courts are clogged, as some people say. Rather, the lack of speed is a function of the procedural rules that govern the conduct of a case. The rules allow for extended periods of time for things to happen. For example, a defendant has twenty days to file an answer after getting served with a complaint. Discovery deadlines are usually 30 days. There are depositions to coordinate among the attorneys and witnesses. Motions get filed and are set for hearing before the Court. Sometimes, cases do not get reached on the first trial setting. Regardless of these obstacles, your case is always advancing and we maintain our philosophy to move your case efficiently to trial. This approach is necessary to keep the heat on the opposition.

Will my medical bills get paid?

Medical bills that are part of your case usually are paid off from a recovery. Part of our job in putting your case together is to assemble the bills. But if you receive any bills in the mail, just mail them to us so that we can make sure you are covered. If the government or your insurance carrier has paid any of the bills that are a part of your case, they have an automatic lien on your case. However, these liens are usually negotiable.