Frequently Asked Questions
My Legal Representation
- When Do I Need A Lawyer For My Personal Injury Claim?
- How Do I Choose My Lawyer?
- How Do I Know Who to File a Wrongful Death Claim Against?
- What Questions Do I Ask When Choosing A Lawyer?
Meeting With Your Lawyer
- What is a Contingency Fee?
- How Do Lawyers Determine the Value of My Case?
- How Do I Effectively Work With My Lawyer?
- What is the Attorney Client Privilege?
- What Are the Ethical Rules For Lawyers?
- When and How Do I Fire My Lawyer?
The Court System
- Who Has the Burden of Proof in a Lawsuit?
- Will My Case Go Before a Judge or Jury?
- Why Does My Case Take So Long To Get To Trial?
- What is Discovery?
- How do I Prepare For My Deposition?
- What is Evidence?
- When is Evidence Relevant?
- What is Hearsay?
- Will My Case Likely Settle?
- What is Mediation?
- How Do I Know If I Have A Good Settlement Offer?
My Legal Representation
Q: When Do I Need A Lawyer For My Personal Injury Claim?
A: If you believe that you have a valid personal injury claim, you should consult an attorney immediately. The timeliness of a claim is a large factor in determining relation of any injuries to the responsible accident. Contact us if you believe you have a valid personal injury claim..:. back to top
Q: How Do I Choose My Lawyer?
A: Choosing an attorney to represent you in your case is a unique decision for each person. The right attorney is one who you can communicate with and everyone has their own way of communicating. In addition to communication, knowledge and experience is of extreme importance. Again, experience differs from lawyer to lawyer depending on the type of case you have in front of you, so be sure to meet one on one with your potential attorney to go through your case in detail..:. back to top
Q: How do I know who to file a wrongful death claim against?
A: If you believe that you have a valid wrongful death claim, you need to consult with one of the attorneys at The Chestnut Firm to determine who is responsible, in legal terms. Once you have met with us, we will give you a clear picture of where to proceed..:. back to top
Q: What Questions Do I Ask When Choosing A Lawyer?
A: The questions that you ask your potential attorney will depend greatly on your case specifics. However, there are some questions that can be asked, universally, of any attorney. For example, how long have they been in practice? How many cases have they handled that are similar to yours? These are just a couple of the questions that any good lawyer should be prepared to answer with conviction..:. back to top
Meeting With Your Lawyer
Q: What is a Contingency Fee?
A: A contingency fee, also called a contingent fee, is a fee arrangement in which the lawyer is paid out of any damages that are awarded. If no damages are awarded, there is no fee (but the client still may have to pay filing fees, costs for the lawyer's investigation of the case, etc.)..:. back to top
Q: How Do Lawyers Determine the Value of My Case?
A: The value of any case is greatly dependent on the specifics of the claim. In order to get a true answer for your specific circumstances, you should contact The Chestnut Firm and speak with one of our attorneys about your case..:. back to top
Q: How Do I Effectively Work With My Lawyer?
A: Effectively working with your attorney begins with strong communication. If you want your lawyer to be able to properly represent you, you must be completely honest regarding your case. If your attorney does not know everything that should be known, they may be surprised at the wrong time during your case. You can also work effectively with your lawyer by being prompt and responsive when they make requests for information and other help to handle your case..:. back to top
Q: What is the Attorney Client Privilege?
A: Attorney-client privilege is a legal concept that protects communications between a client and his or her attorney and keeps those communications confidential. The policy underlying this privilege is that of encouraging open and honest communication between clients and attorneys, which is thought to promote obedience to law and reduce the chance of illegal behavior, whether intentional or inadvertent. As such, the attorney-client privilege is considered as one of the strongest privileges available under law..:. back to top
Q: What Are the Ethical Rules For Lawyers?
A: The ethical rules governing the actions of attorneys are those associated with the American Bar Association (ABA), as well as any state Bar associations to which your attorney must be accountable..:. back to top
Q: When and How Do I Fire My Lawyer?
A: If at any point in your case you feel as though your attorney is not performing as you would like, you should only let them go only after you have presented your complaints to the lawyer and given them the opportunity to provide explanation. Many times, if a case is moving slowly or other problems, it is not due to a lack of effort by the attorney. Rather, these are often unavoidable circumstances that are simply a part of the process..:. back to top
The Court System
Q: Who Has the Burden of Proof in a Lawsuit?
A: In a criminal case, the burden of proof rests with the prosecution. In a civil lawsuit, the burden of proof rests with the plaintiff, however, the standard of the burden in a civil case is lower than in a criminal prosecution..:. back to top
Q: Will My Case Go Before a Judge or Jury?
A: Different types of cases have different resolutions and some will end up before a judge, some will end up before a jury, and even others may end up with an independent arbitrator or mediator. Consult with our attorneys to learn more about the typical resolutions in cases such as yours..:. back to top
Q: Why Does My Case Take So Long To Get To Trial?
A: The legal process is one that pays great attention to process and detail. Because of these details and necessary procedures, the process can feel like an eternity. Yes, you have a right to a speedy trial, but you also have the right to a fair trial and often ensuring a fair trial means drawing out the procedures. If you feel that your case is taking too long, ask one of our attorneys for their opinion on the matter..:. back to top
Q: What is Discovery?
A: Discovery is a process prior to a trial in which each side obtains facts and information about the case from the other side and from other sources..:. back to top
Q: How do I Prepare For My Deposition?
A: To properly prepare for your deposition, consult with your attorney about what to expect in terms of questions and the process. Your attorney will be able to let you know what to expect and this is the best way to prepare..:. back to top
Q: What is Evidence?
A: Evidence is defined as information presented in testimony or in documents that is used by the fact finder (judge or jury) to decide the case for one side or the other..:. back to top
Q: When is Evidence Relevant?
A: Evidence is deemed relevant on an individual basis. There are specific rules governing evidence and its admissibility, but these are rules that govern overall and a judge will be the ultimate decision-maker when it comes to whether a specific piece of evidence is deemed relevant or not..:. back to top
Q: What is Hearsay?
A: Hearsay is a legal term that describes statements made outside of court or other judicial proceedings. Unless one of about thirty exceptions applies, hearsay is not allowed as evidence in the United States. The Hearsay Rule is an analytic rule of evidence that defines hearsay and provides for both exceptions and exemptions from that rule. There is no all-encompassing definition of hearsay in the United States..:. back to top
Q: Will My Case Likely Settle?
A: Determining the likelihood of your case settling could only be answered once you have shared the specifics of your case with one of our attorneys. If you would like to contact us about your case, we would be happy to provide you with an honest opinion of the merits of your case and the likelihood of a settlement..:. back to top
Q: What is Mediation?
A: Mediation is a private, informal way to resolve a dispute. A mediator is a neutral third person who tries to aid disputing parties in reaching a mutually agreeable solution to their differences. Bar sponsored client-lawyer mediation programs can be a good first step if efforts to work the problem out with the lawyer have not succeeded..:. back to top
Q: How Do I Know If I Have A Good Settlement Offer?
A: Settlement offers are very specific on a case by case basis. In order to determine if you have received a good settlement offer, consult with one of our attorneys and explain all of the details of your case. In the end, a 'good' settlement offer is one in which you feel satisfied with the outcome. In many cases, no settlement could ever make you whole; however, it is important to be realistic and to listen to the advice of your attorney..:. back to top