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Common questions
How do I choose an attorney?Choosing the right attorney requires thought and care. In most cases you’ll work closely with your attorney for a long time, and you may need to discuss matters that are personal and, sometimes, painful. Take time to find the right lawyer – one that you feel comfortable working with. Don’t just search the yellow pages for a big advertisement. Ask friends or professionals that you know or work with. If you already have a lawyer for estate or other matters, he or she might make helpful recommendations. You also can use your computer to go online and find out what you can about attorneys in your area who handle the sort of case you want to bring. Once you’ve begun to consider an individual attorney, take time to meet the lawyer and his or her staff and get a feel for them as people. Any attorney worth hiring will be glad to meet with you and answer your questions about the merits of your case, attorneys’ fees and other costs.
Personal Injury: How does the litigation process work?Bringing a claim usually involves filing a lawsuit with the courts and having it served upon the Defendants, or people that you are suing. However, much work must be done before the filing of such a lawsuit. An appropriate investigation needs to be done to establish the basis of the lawsuit. Records need to be secured, witnesses may need to be interviewed, legal research may become necessary, and experts may need to be hired who can express opinions on the issues involved in the case. Only after proper due diligence has been done to establish the basis for a lawsuit, can a complaint be filed with the courts. In some instances a claim can be filed with the insurance company by letter. It is sometimes possible to exchange information directly with the insurance company in order to reach an agreement on a proper evaluation of the case and a settlement of the matter without the need for filing suit. However, in today's climate and with the attitudes of most insurance companies, this is seldom possible.
How much will it cost for you to represent me?This is an important question, and the answer can be different in each case. Most lawyers in personal injury or wrongful death cases will agree to handle a case on either an hourly fee or a contingency fee basis. An hourly fee involves paying a retainer of a certain amount, and then being billed on a monthly basis for work that is done. The more hours worked by the lawyer, the more the fees involved in the case. Lawyers are expensive, and a successful lawsuit requires a tremendous investment or time and cost. There is never any guarantee of a successful outcome in such an arrangement and, if the case were lost, the client is out all fees paid to the lawyers. Most people just can't afford to pay a law firm to represent them in a case. Fortunately, our civil justice system still allows lawyers to charge what's called a "contingency fee." A contingency fee is a fee that is based on the outcome of the case. If the case is lost, no fee is charged. If the case is won, an agreed percentage of the recovery is paid to the attorney as fees. A separate issue involves the costs of the lawsuit. Filing a lawsuit requires payment of a filing fee. Securing medical records results in charges. Taking depositions requires payments to a court reporter and payment of doctors when they testify. Hiring expert witnesses can be expensive. Copying charges, fax charges, telephone charges, travel expenses, etc. may also be involved. There are many other potential kinds of costs that may be associated with the handling of a given case. These costs are ultimately your responsibility as the client. However, most lawyers will agree to advance those costs during the litigation and then secure reimbursement for them at the end of the case.
I want to file a lawsuit. What is the first step?The first step in filing a lawsuit is selecting and then meeting with your attorney to prepare the lawsuit. The attorney will help you investigate the case, determine what parties may be liable to you and select the theories of liability that will be included in the lawsuit. Once this process is completed, the attorney will file and serve a "complaint.” The complaint will name you as the plaintiff and the parties that are at fault as defendants. The complaint will state the facts of your claim and the legal theories of liability you are pursuing (for instance, negligence, product liability, consumer protection, etc.). The complaint will set forth the kind of damages you are asking for but will rarely set the amount of damages that you are claiming.
Useful Links
http://www.co.benton.wa.us/clerk.htm Franklin County Superior Court Clerk's Office http://www.co.franklin.wa.us/clerk/ Department of Labor and Industries http://www.lni.wa.gov/ClaimsIns/Claims/default.asp Washington Court Case Name Search Washington Court Website http://www.courts.wa.gov/index.cfm Washington Assocation for Justice http://www.wstla.org/Default.aspx Washington State Bar Association American Bar Association American Board of Trial Advocates http://abota.org/NetCommunity/Page.aspx?pid=183 Medical Provider Credential Search https://fortress.wa.gov/doh/providercredentialsearch/SearchCriteria.aspx
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These are some of the most commonly asked questions. It is always a good idea to talk to one of our attorneys for the answers to more complex questions.
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