FAQ: Common Questions From Our Clients |
DISCLAIMER: The information on this website is for general purposes only and should not be interpreted to indicate a certain result will occur in your specific legal situation. The information on this website is not legal advice and does not create an attorney-client relationship.
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- Question: How does my case get to Court?
- Answer: Taking a case to Court requires more than just filing papers at the Courthouse. Before we file any papers against another person we, as attorneys, are required to investigate your claim. If we fail to investigate, the Court could penalize us for filing papers that were false. After the necessary investigation is completed, we will file papers with the court and begin the litigation process. The first document we usually file is a complaint.
- Question: Will there be an investigation into my claim?
- Answer: It is very important that one of our attorneys or investigators has an opportunity to speak with all relevant witnesses, photograph the scene and inspect the vehicles. To help us in this investigation you must cooperate in the investigation by providing all of the information we need and ask of you.
- This lawsuit is yours and if you do not help us, we cannot help you. When our staff contacts you asking for witnesses or other information it is very important that you give us that information. You should stay in contact with our office to update them on important developments in your case.
- You should not hesitate to contact any member of our staff to give us information about your case.
- Question: How does my case get filed?
- Answer: We will file a lawsuit for you and pay the necessary filing fees. The actual paper filed is called a complaint. A complaint is a document which states, in legal terms, informs the court it has authority to hear the case, informs the defendant what they did wrong, how you were hurt, and that you are entitled to recover for your loss.
- In addition to filing the complaint, we must also have the complaint served on the defendant. If the complaint is not served, then your case could be lost without a trial. Again, we will see that the complaint is properly filed and that all the necessary fees are paid to get the complaint served.
- After we file your complaint, the defendant will answer that complaint. An answer is a document which states what the defendant believes happened. For example, in the case of Smith v. Jones, the defendant Jones may answer and say that the plaintiff, Smith, stopped suddenly without reason. Also, the defendant may say that you do not have a case for some legal reason. Again, we will fight for your rights in court against the defendant’s arguments. As a general rule the defendant will always deny that the accident was their fault. Therefore, we must prove your case.
- Question: What does plaintiff and defendant mean?
- Answer: The words plaintiff and defendant are words used by lawyers to describe the parties to a lawsuit. The plaintiff is the person hurt because of the mistake of the defendant. For example, if Jones rear-ends Smith in an auto accident and Smith sues Jones, the case will be called Smith (plaintiff) v. Jones (defendant).
- Question: What is discovery?
- Answer: Discovery is the process where both plaintiff and defendant ask each other questions to discover what the parties know about the case. Discovery is a legal way to ask the defendant questions such as interrogatories, requests for production and depositions. An interrogatory is a written set of questions which you must answer and return to us. A request for production asks the other side to produce pictures, bills and other physical items like pieces of machinery. Finally, parties in the case will have their depositions taken. A deposition is a meeting between the plaintiff and defendant where the lawyers are allowed to ask questions of the party’s face to face.
- Question: What are interrogatories?
- Answer: We send written questions to the defendant called interrogatories. You will receive a set of interrogatories from the defense lawyer. You mustanswer all the questions in these interrogatories and return them to us as soon as you can.
- Question: What is a deposition?
- Answer: During the Discovery Process your deposition will be taken. A deposition is an opportunity for the attorney for the defendant to ask you questions face to face. This will likely be done at our office or another attorney’s office.
- Question: How can I prepare for my deposition?
- Answer:
- Tell the Truth - We do not represent clients who are not truthful about the facts of their case. It is easier to tell the truth consistently than it is to tell a lie consistently.
- Be Humble - At the deposition the lawyer for the defendant is judging you. He or she will report back to the insurance company whether or not you are a good witness. If you are cocky, they will report that you will not be a good witness.
- Do Not Volunteer - The defense attorney should ask you questions. Do Not go overboard when answering the questions. For example, if the defense attorney asks your name do not describe how you were hurt in the accident. Wait until the questions are asked.
- Answer Verbally - At your deposition all of what you say is recorded by a Court Reporter who types up what you say. If you do not respond out loud the Court Reporter cannot take down what you say.
- Wait to Answer - During your deposition we may need to object to questions asked by the defense lawyer. Before you answer the questions asked by the defense lawyer pause briefly, so we may object if necessary.
- Do Not Be Afraid - You know more about this case than anyone because you were involved in the accident. Further, your attorney will also be in your deposition and is there to protect you from unfair questions.
- Do Not Give Estimates - Many people believe that they must answer every question. That is not true. If you do know the answer to the question, then you must tell the defense lawyer that you do not know the answer. Do not make a guess or estimate unless you believe that your estimate is very good.
- Wait for All of the Question - Do not answer or start to answer until you have heard all of the question. Often clients will try to answer a question that is not asked. Please do not answer until you hear all of the question.
- Be Positive - Do not say “I can’t” or “I don’t” but try to indicate that you are not able to do the things you used to be able to do.
- Watch Your Temper - Do not argue with the defense lawyer. Your time to argue and dispute will come later at the trial with our help. Be patient.
- Injuries - Before your deposition, think about how your life has changed. Also, try to tell the defense lawyer about your injuries starting at the top of your head and going to the bottom of your feet. Before your deposition you should read the next section and complete the attached forms for the attorney assigned to your case to review.
- Question: Why is my case taking so long?
- Answer: Often, we are asked why cases take so long to settle or go to trial. The answer is that each side is allowed several continuances. A continuance is a request by one of the parties for the case to be continued to a later date. Our policy is not to continue cases unless there is a very good reason. However, attorneys for the defendants often exercise the right to continue the case or deposition. Do not be surprised if your case or deposition is continued. This is not unusual. Do not be surprised if it takes two years or more to get your case to trial or to get your case settled.
- Question: How does a settlement work?
- Answer: At some point in the case the defense lawyer will likely indicate that he is interested in settlement. Usually that occurs after the depositions, but settlement can happen at any time in specific cases. Every case is unique.
- After this happens, we will make a demand in your case. A demand is a request for a certain amount of money.
- Question: What should I wear?
- Answer: You should not dress in your best clothes. You should dress comfortably. You should wear a tie if you normally wear a tie. If you don't, you should not. You should dress as if you were going to church. If you are an attractive person, you should not try to emphasize that. Do not wear a lot of jewelry. You should not wear jeans. Men should wear slacks and a white shirt with a coat, if you feel comfortable. Women should wear a conservative dress.
- Question: Where will my trial be held?
- Answer: Your case will be tried in the Courthouse in the county where the case is filed. Our office will let you know where to be. The Courtroom is usually upstairs and is usually a very large room. In the back of the room there are a lot of seats or benches where the public is allowed to sit. In the front of the room is the judges' bench and witness stand. Next to the witness stand is the jury box. You will testify from the witness stand and you should testify to the jury who is in the jury box.
- Question: Will the other attorney be allowed to ask me questions?
- Answer: Yes, the defense lawyer asks you questions, it is called Cross-examination. You should be careful when answering questions asked by the defense lawyer at trial. You should not answer quickly, but you should be thoughtful and honest.
- Question: Do I have to be in the Courtroom all the time?
- Answer: We want you to be at the Courthouse while your case is going on, but you do not have to stay in the Courtroom. You are allowed to take breaks. Plan on sitting next to your lawyer during your trial.