Common Legal Questions
DO I NEED A LAWYER?
Whether you need a lawyer after an injury will depend upon the specific facts of the accident. You should always consider calling a lawyer after a severe accident that was caused by someone else's negligence. Such accidents usually have many legal and insurance problems. If those problems are not handled promptly, they can seriously affect your rights and the potential for recovering full and fair compensation.
An experienced lawyer will usually have an investigator interview witnesses, take photographs and do whatever is necessary to find out the cause of the accident. Identifying and promptly interviewing witnesses is very important.
When injuries from an accident are so disabling that a person's daily activities are affected, a lawyer can make sure all insurance benefits are being paid and will continue to be paid. A lawyer will also advise the insurance company in writing, about the full extent and nature of the injuries and other damages.
Accidents resulting in serious personal injuries can also have an emotionally distressing effect. An experienced personal injury lawyer and his/her staff can help answer questions, make the decisions easier to determine and be a strong advocate for the injured victim and his/her family.
HOW MUCH WILL IT COST TO HIRE A LAWYER?
At Meshbesher & Spence, a person who is injured in an accident does not pay attorney fees until the case is resolved and the monetary compensation is collected. If no money is ever recovered on behalf of the client, he/she does not pay a fee. This is called a "contingent fee agreement." The fee is contingent upon the case being won and money recovered.
Usually the agreement calls for the lawyer to receive a percentage of the amount recovered for the client. The lawyer typically agrees to pay all costs from the beginning of the case until it is resolved. The costs include filing fees, investigator's bills, doctor's reports, etc.
Our lawyers do not expect to be paid until the case is over. All fee arrangements are in writing so you know what to expect.
WHO PAYS MY BILLS?
Automobile injury claims are different from other types of claims in Minnesota and most other states. In automobile accident cases there are two possible types of claims:
1) No-Fault Claims A no-fault claim is made to your own insurance company or the insurance company that insured the car in which you were riding. A no-fault provision of your insurance policy will cover medical expenses, wage loss, replacement services and other benefits up to the policy limits. You should call your insurance company promptly to report the accident and any claim. The company will send you an application for benefits form to get the claims process started.
The insurance company will verify your expenses before they will be paid or reimbursed to you. This means before you are paid, the company will need copies of your bills, medical records, doctors' disability statement and wage loss verification from your employer.
2) Fault or Liability Claim If another person is as much or more at fault than you, for causing the collision, you may have a right to compensation for your injuries including pain, suffering and mental distress from the person at fault and their insurance companies.
In addition to proving the other party or parties were at fault, you. must be able to prove that your injuries meet a legal requirement called a "threshold". This threshold must be met in order to bring a liability or fault claim which entitles you to go to court if the case cannot be settled out of court by agreement of all concerned.
Under Minnesota law your injury must involve at least one of five threshold requirements:
1. A permanent lasting injury
2. A permanent disfigurement, such as a scar
3. Medical expenses in excess of $4,000
4. 60 days of disability
What is Mesothelioma?
Mesothelioma is the most serious asbestos causing disease. Mesothelioma is a cancer of the cells that make up the lining around the outside of the lungs and inside of the ribs (pleura), or around the abdominal organs (peritoneum). For many years asbestos manufacturers have claimed that cigarette smoking caused mesothelioma, however medical research has clearly proven that mesothelioma is caused by asbestos exposure.
How many People are affected with Mesothelioma each year?
There are currently about 3000 new cases of mesothelioma diagnosed per year, mostly in men over the age of 40. It is estimated that there will be about 250,000 cases of mesothelioma before 2020. Mesothelioma has a latency period of 20 to 50 years after the first exposure to asbestos. That means that if you worked around asbestos 50 years ago, you could be developing mesothelioma now.
How long after filing a mesothelioma claim will I receive financial compensation?
Recovering compensation and the amount of that compensation depend on many things. Factors such as the state and county where the case is filed, as well as the judge assigned to the case, can have a very large impact on how quickly your case is set for trial and, therefore, how soon you will be able to receive any payments. If you have a malignant mesothelioma diagnosis and are still living, you will likely receive some money within 4 months from some of the defendants. Your case will be completely finished in approximately one to two years.
How much time and involvement does a mesothelioma lawsuit take from both the mesothelioma patient and family?
Mesothelioma patients and their families are going through a very difficult time and need to concentrate on health care, not legal issues. With this in mind and because most cases settle out of court, little involvement is required beyond the initial and product identification meetings and in some situations a deposition.
Will I have to go to trial? I would prefer to settle rather than going through a full trial?
Most mesothelioma cases settle without having to go to trial. It is highly unlikely that you will have to go to trial.
How much will it cost me to bring a lawsuit?
In most cases attorney fees can range from 33% to 40% range of the settlement. If an attorney is unable to collect money on your behalf, there is no cost or charge associated with your end of the agreement. This is important because the cost of a trial can become an enormous burden for a patient that is already suffering enough; therefore a lawyer that works with no upfront costs to you is a great asset.
All of the attorneys that we refer you to take asbestos and mesothelioma cases on a contingent fee basis. What this means is the law firm takes a percentage of the recovery. If there is no recovery the client is NOT responsible for any lawyer fees or any costs or expenses. Therefore, you are not taking any risks in filing a lawsuit.
Will I be responsible for huge expenses even if I don't receive any money?
No. Expenses are part of the costs to bring a lawsuit. If you don't receive any money, you are not responsible for the costs to bring that lawsuit.
How long do I have to file?
Each state has its own statute of limitations for filing a lawsuit. In most cases, the statute of limitations for filing a mesothelioma lawsuit is one or two years from the date a person is diagnosed with the disease or, in the case of a wrongful death, the date that a person died of mesothelioma. It is very important to contact one of mesothelioma lawyers before the statute of limitation passes.
How Much Can I expect to receive in compensation?
Mesothelioma settlement figures in Asbestos Exposure and Mesothelioma cases generally range from hundreds of thousand to several millions. The settlement figure depends on a range of factors such as length of time exposed to asbestos, the state of exposure, your medical history and other such details. Each settlement is given on a case-by-case basis.
Your compensation will be determined by factors such as lost income, the laws in your state, and the parties responsible. Compensation for Mesothelioma can vary from several thousand to several million. Getting the highest possible compensation for your damages requires tough and experienced attorneys. Our mission is to match your case with those capable attorneys.
How soon can I talk to an attorney about my case?
Please carefully fill out our contact form and an attorney will contact you within 24 hours.
Frequently Asked Questions:
Do you have a question you'd like to see answered on this page? call us , and we'll consider adding it to the list.
What happens when I contact The Arns Law Firm about my case?
Each prospective case is immediately evaluated by an attorney in our firm for liability and damages. If you have suffered a serious injury, our investigators go to the scene of the incident the day the call is received, in order to gather important evidence and preserve it for trial. Potential litigants should consult an attorney as soon as possible after their injury, before evidence is lost and witnesses' memories fade. The call to our office and initial consultation are free.
What are your fees?
Our firm handles all of its cases on a "contingency" basis. Under this system, we earn attorneys' fees only if your case is successfully resolved. If your case fails to earn a settlement and loses at trial, then there is no cost to you. Generally, fees are 33.3% of your settlement amount if settlement occurs before the case is set for trial, and 40% if the case is set for trial. However, for medical malpractice cases, the fees are set by state law and generally are lower, and in workers' compensation cases, the fees are limited to approximately 12%.
What is my case worth?
This is one of the most difficult questions to answer, and you should be wary of any attorney who claims to know what your case is worth when you first talk to him or her. Normally, the value of a case cannot be accurately determined until "discovery" is conducted, which involves testimony under oath of yourself, witnesses to the incident, and others. The reason this fact-finding must occur is that a case value is based on two factors: "liability" and "damages." Liability is the "fault" of the defendant, and damages are the total losses that you have incurred, including pain and suffering, lost wages, and medical bills. The stronger the liability in a case, the more likely settlement will occur at close to full value of the damages. The more difficult it is to prove liability, the more likely settlement will occur at less than full value of damages. But remember, if settlement does not occur and the case goes to trial, your case is worth whatever the jury decides it is worth.
How much time do I have to file a lawsuit?
In California, under the Statute of Limitations, you are limited to TWO years following the date of your injury for most type of cases. However, there are exceptions such as medical negligence and uninsured motorist claims that must be filed within one year . Even if the statute is two years, you should not wait that long before you contact an attorney. Valuable evidence for your case may disappear if you wait, so it's important to consult an attorney sooner rather than later.
Please also refer to our
Frequently Asked Questions About Workers' Compensation
