Bilton Law Firm, PLLC

Usually not. I give free consultations to anyone. Since most of the cases I take, I do so on a contingency basis, the initial consultation provides an opportunity for me to evaluate the strengths and weaknesses of your case. I don’t charge for this. While I can’t speak for all personal injury attorneys, I would say that if an attorney is going to charge you, they should tell you the cost before they talk with you.

The statute of limitations is the time limit you have before you begin litigation. It is usually not necessary to have had a trial by the statute of limitations, just to have filed the initial Complaint. The statute of limitations begins to run at different events, depending on the nature of your legal claim. For most personal injury claims, the statute of limitations starts to run from the moment your injury occurs. The time limit you have before you have to file a Complaint is different, depending on what state or district where you claim arises. If you don’t file a Complaint before the statute of limitations runs, you are likely barred from pursuing the claim. For this reason, statutes of limitation are critical. Feel free to contact me if you have questions about a specific statute of limitations.

Taking a case on a contingency basis means that my attorney fee is a set percentage of the recovery. The implication of this is that if I don’t recover any money for your injuries, I get no fee. Most of the cases I take are on contingency.

A trial is a proceeding where both parties to a dispute get together at the courthouse to present their case to a judge or jury. It is usually a continuous proceeding over a number of days or weeks. At a trial, lawyers make arguments and question witnesses to present evidence to make their client’s case. Trials can be intense. At the end of the trial, the judge or jury makes a decision to resolve the dispute. Jury trials are one of the fairest ways to resolve a dispute. The idea is that small group of local citizens listen to the evidence, weigh the credibility of the witnesses, and make a decision that both parties must live with.

What lawyers most often mean when they use the word deposition is the face-to-face questioning of a witness under oath outside of court. Depositions provide lawyers with an opportunity to get further information and to see how a witness will answer questions in person. Whatever is said at a deposition can usually be used at trial. Depositions are usually scheduled in advance by agreement on a date and time. Depositions may be held anywhere the parties agree to, but are often held at a lawyers office. A court reporter will attend to transcribe everything that is said. Depositions can also be taken by sending another party or a witness written questions to respond to in writing under oath. Depositions by written questions can be used when a witness will be unavailable to attend a trial or if the witness’ testimony is simple and straightforward.

An interrogatory is just a written question to another party in the lawsuit. It is a very intimidating word that harkens back to a time when prisoners were locked away in dungeons. In civil litigation, an interrogatory is just one party’s questions about the case, no more. The frustrating part about interrogatories for most clients is that many of the questions seem irrelevant or personal. While some of the questions do seem irrelevant (and some are), usually the opposing side is looking for background, the identity of other people to talk to, or information related to legal arguments. In personal injury cases, interrogatories are often personal because the opposing side will ask many health and behavior related questions in an attempt to disprove that you are injured. You will be happy you hired a lawyer when it comes time to answer interrogatories.