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Frequently Asked Questions
Q. What kind of legal fees should I expect in a personal injury case?
A. Chandler, Mathis & Zivley, PC typically charges their clients on a ”Contingent Fee” basis. That means you pay Chandler, Mathis & Zivley, PC only if you win. We are paid a percentage of the total amount recovered and the expenses of investigating and litigating your case, such as the fee to file your lawsuit, and payments to investigators, court reporters, and medical or liability experts, as well as the expenses of securing medical records and reports. You'll sign a retainer or fee agreement with the lawyer you choose to represent you, clarifying all fees and charges. Our typical contract provides that no fee or expenses will be owed to Chandler, Mathis & Zivley, PC unless there is a recovery for your claim.
Q. What can I expect after the first consultation?
A. If Chandler, Mathis & Zivley, PC believes your claim has merit and is one you can recover on, then, after you have signed the retainer, we will proceed to gather information about your claim. In order to arrive at a figure for damages, we will need to determine the extent of your injuries, including pain and suffering, disability and disfigurement, the cost of medical treatment, and lost wages. We will then provide your damages figure to the insurer of the person who injured you. If the insurer considers it a valid claim, the case may be resolved early on and won't have to be tried in court. If the case cannot be resolved early on, then typically a lawsuit is filed and we try your case before a jury.
Q. What does it mean to settle a case?
A. Settling a case means that you agree to accept money in return for voluntarily dismissing your action against the person who injured you. You'll actually sign a full andf final release absolving the other side of any further liability.
Many cases are settled before trial, so don't be surprised if your case never goes to trial. After all, the purpose of most tort suits is to recover money from the person who caused the harm. Often, it benefits both sides from an economic and a personal standpoint to resolve the legal dispute without a trial.
Many issues need to be considered when deciding whether an offer to settle a case should be accepted. Although we will be able to provide a realistic assessment of whether a lawsuit based on your claim will be successful, the decision to accept a settlement offer is yours. Remember also that settlement can take place at any point in a lawsuit once it is filed, including before trial or even after a case has been tried but before a jury reaches a verdict.
Q. What happens if I file a lawsuit?
A. You become the plaintiff in the case, and the person who you sue becomes the defendant. As your lawyer we begin gathering facts through exchange of documents, written questions (interrogatories) or depositions (questions that are asked in person and answered under oath). This process is called discovery.
After discovery, many cases are settled before trial. Of the cases that do go to trial, most plaintiffs ask for a jury to hear their case, but judges can decide personal injury cases as well. That is known as a bench trial, as opposed to a jury trial.
Q. What if more than one person has caused my injury?
A. You must bring an action against every person who caused your injury. The negligence of two drivers, for example, may have produced a collision in which you were injured as you walked across a street. According to traditional legal principles, each driver could be held 100 percent liable to you. In a more recent legal trend, however, Texas law has limited such joint and several liability and each defendant, known legally as a joint tortfeasor, becomes responsible for only that proportion of the harm he or she caused. This is the rule of comparative negligence, which exists in Texas.
Q. What will I get if I win my case?
A. If you win, a judge or jury awards you money, known as damages, for your injuries. Damages may include compensation for such expenses as medical bills and lost wages, as well as compensation for future wage losses. It also may compensate you for medical expenses and for pain and suffering, mental anguish, disability, impairment or disfigurement that resulted from your injury. . In addition, you may receive damages for any physical disfigurement or disability that resulted from your injury.
In some states, the judge may change the amount awarded if the award is excessive or inadequate.
Q. Will I have to take any extra steps to get my money?
A. Maybe. An award of damages does not necessarily translate into hard cash, especially if the person who caused your injury does not carry insurance or is underinsured. If you prevail in a trial, the other side may pursue an appeal which could stay satisfaction of a judgment. Additionally, you may have to take further legal steps actually to collect the money. For example, if a defendant against whom you have won a judgment does not pay it, you may have to initiate collection proceedings. If the defendant owns property, you may be able to foreclose on it.
