Frequently Asked Questions
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We understand that navigating a personal injury claim can be confusing and overwhelming, so we’ve compiled answers to some of the most common questions we receive. If you don’t find the answer you’re looking for, please don’t hesitate to contact us for more information.
The client intake process is the first step in working with us. After you contact our office, we’ll follow up by asking you to fill out an intake form. We use this form to gather information about your injury, assess the details, and determine whether we may be able to help you. After receiving this initial information, we may follow up by asking for more information, such as medical records, to better understand your situation. We will then discuss potential next steps with you.
Litigation refers to the process of taking legal action through the courts to resolve your case. Depending on the nature of your case, you may be able to settle your claims prior to litigation, without ever filling a lawsuit. But often, a lawsuit is needed to obtain a meaningful settlement. If pre-litigation settlement negotiations are unsuccessful, we may proceed with filing a lawsuit. Here’s what to expect:
- Filing the Complaint: We will file a formal complaint with the court that outlines your injury and the legal basis for your claim.
- Service of Process: The defendant is notified of the lawsuit.
- Discovery: The parties exchange information and evidence related to the case, through written questions, requests for documents, and depositions.
- Pretrial Motions and Hearings: Both sides may file motions to address legal issues before trial.
- Mediation: Typically, courts will require the parties to try to resolve the lawsuit through mediation prior to trial. This is an opportunity for the parties to work toward a mutually agreeable solution in lieu of taking the risk of going to trial.
- Trial: If necessary, we will represent you at trial, where we’ll present evidence and argue your case before a judge or jury.
- Post-Trial Motions and Appeals: After the trial, either side may file post-trial motions or appeals if they believe the trial was unfair or that legal errors were made. This can extend the timeline of the case.
Throughout litigation, we keep you informed and involved. The parties can elect to settle a claim at any time before, during, or after a lawsuit is filed or even after a trial occurs.
Discovery is the phase where both parties exchange information and evidence related to the case. This process helps to uncover important facts that may impact the outcome. It typically includes:
- Interrogatories: Written questions that each side must answer under oath.
- Depositions: In-person interviews under oath where both sides can ask the opposing party or witnesses questions.
- Requests for Documents: Both sides may request access to relevant documents, such as medical records, communications, and bills.
Discovery can take time, but it’s an essential part of building a strong case.
Most personal injury cases are resolved through settlement negotiations before going to trial. A settlement is an agreement between you and the defendant (and typically their insurance company) to resolve the case for a specific amount of money. We will negotiate on your behalf to work toward a fair settlement based on the damages you’ve suffered, including medical bills, lost wages, pain and suffering, and more, while taking into account the risks of going to trial.
Personal injury attorneys typically work on a contingency fee basis, meaning you don’t pay us anything upfront. Instead, we only get paid if we successfully win or settle your case. Our fee is a percentage of the compensation you receive, which we’ll discuss with you during our initial meeting. This arrangement allows you to pursue your case without worrying about attorneys’ fees during the process. If we don’t win or settle your case, you don’t owe us any attorneys’ fees.
Litigation involves various. Here’s a breakdown of common litigation costs and how we handle them:
- Court Filing Fees: There are fees for filing legal documents with the court, such as complaints, motions, and subpoenas.
- Expert Witness Fees: In most cases, we must hire expert witnesses, such as medical professionals, to testify on your behalf. These experts charge fees for their time and reports.
- Deposition Costs: Depositions can involve costs such as court reporter fees and transcription costs for the testimony.
- Document Retrieval Fees: Obtaining medical records or other relevant documents can incur costs.
- Other Expenses: There may be additional costs for investigation, travel, or obtaining evidence that supports your case.
How We Handle Litigation Costs: We understand that the costs of litigation can be a concern, especially when you’re already facing medical bills and lost wages due to your injury. That’s why, in most cases, we advance the costs of litigation on your behalf. This means that we pay for these expenses upfront, and they are deducted from your settlement or award if your case is successful.
If you hire us, we’ll work with you to ensure that you fully understand how expenses are handled.
The length of a personal injury lawsuit can vary depending on several factors, including the complexity of the case, the willingness of the defendant to settle, and the court’s schedule. On average, a lawsuit may take anywhere from several months to a few years to reach a resolution. Here’s a breakdown of the timeline:
- Pre-Litigation Phase: Before filing a lawsuit, we may attempt to settle the case through negotiation. This process can take several months.
- Filing the Lawsuit: Once a lawsuit is filed, the defendant typically has several weeks to respond. Afterward, the discovery phase begins, which can take anywhere from six months to two years to complete.
- Trial Preparation: If a case doesn’t settle during the discovery phase, it will proceed to trial. Preparing for trial can take several additional months as we gather expert witnesses, documents, and other evidence.
- Trial: The trial itself can take anywhere from a few days to several weeks, depending on the complexity of the case and how many witnesses or experts need to be heard.
- Post-Trial and Appeals: After the trial, either party may file post-trial motions or an appeal, which can add additional months or even years to the process.
The legal process often feels slow but it is important to let the process play out. Throughout your case, we will keep you informed about the timeline and the steps involved.
As a client, your role is crucial to the success of your lawsuit. While your attorney handles the legal aspects of the case, you also play an important role:
- Providing Information: From the initial consultation through the entire lawsuit, it’s essential that you provide accurate and complete information. This includes details about the accident, medical treatment, witnesses, and any other relevant facts. The more thorough and timely the information you provide, the better we can build a case on your behalf.
- Cooperating with the Discovery Process: During discovery, you may be asked to provide documents, answer interrogatories, or participate in depositions. It’s critical that you respond to these requests promptly and truthfully. Your cooperation in this phase will ensure that the case progresses smoothly. Courts have dismissed plaintiff’s cases for failing to be honest and cooperative during the discovery process.
- Communicating with Your Attorney: Stay in close contact with your attorney throughout the process. If anything changes—such as your medical condition, contact information, or new evidence—let us know immediately. We rely on your communication to ensure that your case is handled effectively.
- Being Prepared for Depositions or Court Appearances: If your case goes to trial or requires a deposition, you may need to testify. We will thoroughly prepare you for these events to ensure you’re comfortable and confident when speaking about your case.
- Making Decisions About Settlement: You ultimately have the final say in whether to accept a settlement offer. We will guide you in understanding the pros and cons of any offer, but your decision is key to the outcome.
- Keeping Your Lawsuit Private: It is important to keep the details of your lawsuit private. Resist any urge to discuss the lawsuit with others or post on social media while your lawsuit is ongoing.
Your active participation and communication are essential to achieving a successful result in your lawsuit. We’ll be with you every step of the way, offering guidance and support as needed.
Meet Your Team
Andy Scholl
We are New Mexico attorneys. We were trained in New Mexico, we are only licensed to practice law in New Mexico, and we are proud to represent the people of New Mexico.
Lauren Hund, JD, PhD
Areas of Practice
Personal Injury
Medical Malpractice
Ophthalmology / Optometry Malpractice
Wrongful Death
Statistical & Biostatistical Consulting
Phone:
505-888-6463
Address:
8232 Louisiana Blvd NE STE C, Albuquerque, NM 87113
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