Initial Meeting
Q: Will setting up a consultation meeting with your firm cost me money?
A: No. We will never charge for an initial consultation meeting.
Q: What should I bring to our initial meeting?
A: Please bring any documents, photos, and reports that may assist in investigating your claim. If you are the victim of a car accident, you may want to bring the police report, photos, statements, your insurance information, witness information, and medical records. If you have been the victim of medical malpractice, you may want to bring medical records, photos, a short written recount of what happened, business cards/contact information identifying the negligent parties, and powers of attorney/wills if there was a wrongful death.
The Investigation of a Lawsuit
Q: What happens if you decide to take my case?
A: We will begin an investigation to determine whether we will be able to proceed with your claims. If we are able to proceed with your claims, we will gather all the relevant information required to file a lawsuit on your behalf.
Q: What happens after the lawsuit is filed?
A: We will begin litigating your case. Very often this means gathering additional information, such as documents, questions/answer, and conducting depositions of the witnesses and parties to the case. We will also appear at hearings necessary to continue moving your case forward in court.
Q: Will my case go to trial?
A: Every case is different. Before trial, the courts require that all parties mediate claim in front of a neutral party. Some cases resolve in mediation, some later, some not at all. Those that do not resolve continue to trial.
Q: What is mediation?
A: Mediation is a time when all relevant parties sit down and try and resolve their claims with a neutral third party’s assistance.
Q: How long will my case take?
A: Every case is different. There is no prescribed time period.
Recovery
Q: Will the attorneys hold those negligent parties responsible?
A: As a personal injury attorney working in the civil court system, we pursue monetary recoveries for the injuries suffered on behalf of our client. Civil claims do not allow for our firm to pursue specific performance by a private company. For instance, if a facility did not operate reasonably, we cannot simply request that the business be shut down. However, our verdicts/settlements can lead to institutional changes that can benefit the community.
Q: What will my recovery look like?
A: Recovery in personal injury claims is very dependent on the injury. It is important to know that there are also many limitations on recovery in Texas. Medical malpractice provides a number of caps for those parties injured as the result of medical malpractice.
Q: If I do not have recourse to pursue a case, is there anything else I can do?
A: Yes, but it depends on the case, but there are a number state agencies that police negligent parties within the state of Texas. Often times, they have phone lines available for those aggrieved to file complaints.
Arbitration
Q: What is arbitration?
A: Arbitration is a forum where a third party neutral arbitrator takes the role of judge. In place exercising your right to a jury trial and presenting your claims in front of a judge, your claims will be decided by a neutral arbitrator. The arbitrator hears the case and makes the final decision regarding your claims.
Q: What are the advantages of arbitration?
A: Arbitration may be a faster forum for concluding your claims.
Q: What are the disadvantages of arbitration?
A: You lose your right to a jury trial. Arbitrating may become prohibitively costly. An arbitrator’s time must be compensated as a cost of litigation. The decision of the arbitrator may be a final conclusion to your claims. Differing procedural rules may apply than those in Texas trial courts. The arbitrator may be unduly influenced—an arbitrator may be chosen out of a pool of arbitrators with ties to private insurers; health organizations; or pro-business organizations.
Q: Are my claims subject to arbitration?
A: Maybe. The courts in the United States and Texas heavily favor arbitration. Determining whether arbitration applies would require an investigation into those documents signed, those person(s) involved in executing those documents, the terms of arbitration, and the relevant circumstances surrounding the execution of the arbitration agreement. With regard to nursing homes, recent decisions by the Center for Medicare and Medicaid Services have called to ban arbitration agreements from long-term care facilities. To determine whether arbitration may apply to your potential claims, it is important to seek counsel familiar with arbitration agreements and the relevant jurisprudence.
