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• Do I have a meritorious case? Our firm is more than willing to help you evaluate the likelihood that you have a meritorious case, and to assist you in reaching a decision as to whether you want to pursue a claim. In that evaluation, one of the guiding factors is what the law requires you to prove in order to make a recovery. As the plaintiff, the individual bringing a claim, you have the burden of proof – that is, you will have to establish to a jury by a preponderance of the evidence certain matters, or you will not be entitled to any recovery. Generally, we think in terms of establishing liability and damages. Whether you have a meritorious case, from a liability standpoint, depends in large part on the facts and what type of claim you are bringing. Most commonly, cases make a claim of negligence, though often other theories of liability will also be involved. In order to prevail on a claim of negligence, the facts must clearly demonstrate: (1) negligence or failure to meet the standard of care; and (2) that the negligence caused you harm or injury. Having confidence that liability can likely be established is only part of the picture. The other part of the picture is damages. The harm or injuries you have suffered must be significant enough to justify the expenditure of time, energy, and resources that are required to bring a successful lawsuit. Of course, the chances of success depend on the individual circumstances of your case. Please contact us so we can discuss with you the specifics of your particular case.
• What information do I need to share to allow the firm to evaluate my claim? Potential clients can help the firm by sharing information about the problem. Often this starts with a phone call to the firm, in which you explain what has happened, and why you are concerned about the situation. The best first step is often the simple one: contact us. If your concerns arise in a health care situation, we will probably ask that you provide us with copies of related medical records. We can give you guidance on which medical records are most important, and, if you need, advice on how to obtain them. In Texas, medical records belong to the patient, not the doctor or clinic. If your concerns arise out of an accident of any type, we will probably ask that you provide us with a copy of any accident report, statements or photos. We will also want information about your related medical care. If your concerns arise out of a defective product, it is very important that the product be maintained, and kept in the same condition that it was at the time of injury. We will also probably want information about how you came to own or use the product, and about your related medical care. After we have the essential information, then we can begin to evaluate whether it is a claim with which we can be of help.
• How long do I have to file a lawsuit? The length of time within which you must file your lawsuit (called the “statute of limitations”) varies from state to state and from case to case. In Texas, most cases involving personal injuries must be filed within two years of the date of the accident or the malpractice. However, there are some circumstances that can either significantly shorten or significantly extend this time period. For example, if the negligence or malpractice involves a governmental entity, you may be required to file a notice of claim letter within a period of 45 days or 6 months, or another relatively short period following the date of the negligence or malpractice. If you fail to file your case within the applicable statute of limitations, you will lose your right to bring your case altogether. The whole area of limitation periods and notice requirements is very complex and is undergoing constant review and change, so it is important to contact an experienced attorney as soon as possible to discuss your case.
• What effect do recent changes in the law have on my claim? During the 2003 session, the Texas Legislature passed many laws that will affect the ability of individuals to recover full compensation for injuries caused by the conduct of others. These various changes are effective at different times – some for cases filed on or after July 1, 2003, and some for cases filed on or after September 1, 2003. Other changes will become effective through rules that the Supreme Court has been instructed to implement by the end of 2003. While the effect of the changes on any individual case is difficult to predict, the likelihood is that the changes may be significant. We are happy to talk to you about your specific claim, and which of these changes are important to your potential recovery.
• Will you try to settle my case without my having to go to trial? Yes. We will attempt to obtain a fair and reasonable settlement at the appropriate time, which is often very close to trial. Many cases settle before, or sometimes during, trial. There is also the possibility that we will be able to settle your claim without actually filing a lawsuit. However, the best settlement can often be achieved only when the defendants and their insurers know that we are prepared and are ready, willing and able to go to trial. For that reason, we prepare each case from day one as if it were going to trial. Our reputation is one of having the resources, competence and willingness to take cases to trial and achieving outstanding results.
• What are my chances of obtaining a successful settlement or judgment? The answer to this question depends on many factors, including the specific facts of your case, the credibility of the witnesses (including you), the court where the case is filed, the laws that apply, and the ability of all the attorneys involved. Neither we nor anybody else can guarantee a particular result for a particular set of facts; however, we have found that firm resources, competence and reputation for record verdicts makes all the difference in bringing a case to a successful conclusion.
• How much will it cost to hire your firm? There is no fee for talking to us about your claim before you make a decision as to whether to hire our firm. In personal injury cases, once we commit to represent you and/or your family, we only charge an attorneys’ fee when we are successful in obtaining a recovery for you. Our fee is a percentage of the recovery. Additionally, all expenses necessary for pursuing your claim will be advanced by our firm or by a bank through a loan to our firm. If we are successful in obtaining a recovery for you, case expenses, loans and interest will be reimbursed from your portion of the recovery. If at the conclusion of the case, nothing is recovered on your behalf, you will not owe our firm for any attorneys' fee or any case expenses, loans or interest. The firm is flexible and creative concerning fees and expenses related to business litigation. We are willing to discuss with you whether an hourly fee, contingent fee, or some other fee arrangement will best suit your situation and needs.
• How long does it take to resolve a case? We strive to resolve your claim as quickly as possible consistent with obtaining the best result. However, depending on its complexity, working up a lawsuit can be a lengthy process. Each case varies in length, from as little as a few months to as long as several years, depending on whether it goes to trial and whether there is an appeal.
• Does the firm ever take cases outside of Texas? Although the majority of our cases are in state or federal courts within Texas, we have handled and tried many cases in other states. We also have many clients who were injured in Texas but now reside in other states and foreign countries.
• Why should I hire Whitehurst, Harkness, Ozmun & Brees? Our firm has been established for over 25 years. We have built a reputation in the community as lawyers who bring only meritorious cases and who are both capable and willing to try cases when necessary to protect our clients’ best interests. Our attorneys and staff bring a unique combination of experience, education, and talent to the table. We are devoted to helping you through a difficult time and to working with you to obtain a satisfactory and meaningful conclusion to your case. In addition, our firm and its members are committed to making our community a better place to live through donations of time, in-kind donations, and monetary gifts to a number of worthwhile organizations. The firm’s commitment to community service is an integral part of our firm’s culture.
If you have additional questions that are not answered here, or if you would like to discuss your case with our firm, feel free to contact us by e-mail, or call us at (512) 476-4346 or toll-free, at (866) 566-4346. |
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© 2003-2004,
Whitehurst, Harkness, Ozmun & Brees, P.C. |
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