What happens when I contact Arns Davis Law about my case?
After you speak with one of our team members, your prospective case is evaluated by a team of attorneys at our firm. If we determine that we are able to help you, we will send you a contract for legal services and other initial documents that will enable us to best represent you. Potential litigants should consult an attorney as soon as possible after their injury, before evidence is lost and witnesses’ memories fade.
What are your fees?
Our firm handles all of its cases on a contingency basis. That means we earn attorneys’ fees only if your case is successfully resolved. If your case fails to earn a settlement or loses at trial, then we do not take any fees. Calling our office for an initial consultation is completely free.
What is my case worth?
This is one of the most difficult questions to answer, and you should be wary of any attorney who claims to know what your case is worth when you first talk to him or her. Normally, the value of a case cannot be accurately determined until “discovery” is conducted, which involves testimony under oath of yourself, witnesses to the incident, and others.
The reason this fact-finding must occur is that a case value is based on two factors: “liability” and “damages.” Liability is the “fault” of the defendant, and damages are the total losses that you have incurred, including pain and suffering, lost wages, and medical bills. The stronger the liability in a case, the more likely settlement will occur at close to full value of the damages. The more difficult it is to prove liability, the more likely settlement will occur at less than full value of damages. If settlement does not occur and the case goes to trial, your case is worth whatever the jury decides it is worth.
How much time do I have to file a lawsuit?
While the statute of limitations can vary depending on the type of case, it could be as short as six months. That means you could have as little as six months from your date of injury to file a claim. Even if the statute of limitations is longer, you should not wait to contact an attorney. The longer you wait, the more likely it is that valuable evidence may disappear, witnesses’ memories may fade, and your case may become harder to prosecute. If you believe you have suffered an injury or loss and have a meritorious claim, you should contact an attorney right away.
What should I do if I hurt myself at work?
If you are injured on the job, you should immediately ask your employer for a workers’ compensation claim form called a DWC-1; or, you can contact our firm and we will provide you with one. Upon completion, a copy of this form must be given to the employee and another copy must be sent to the employer’s workers’ compensation carrier.
You should complete a DWC-1 form even if you believe your injury is minor, because failure to fill it out can limit any workers’ compensation rights you have. Arns Davis Law can assist you with your workers’ compensation claim and evaluate your case to see if you have a potential lawsuit against a negligent third party.
What is a “third-party” case?
If your injury was caused, at least in part, by the fault of someone other than your employer, you may have a case against this third party. (It’s called a third party since you are the “first” party, and your employer is the “second” party.) For example, for a construction injury, you might have a third-party case even if the general contractor was simply “aware” or “should have been aware” of the condition that caused your injury.
Through a third-party lawsuit, you can recover all lost wages, all medical costs, future lost wages, and damages for pain and suffering, none of which can be recovered through workers’ compensation alone. You must consult an attorney to advise you whether you have a potential third-party lawsuit. It is crucial that your case be investigated immediately so that valuable evidence is not lost and witnesses can be contacted.
How do I know if my case could be a class action?
A class action is a legal procedure that allows a person to represent a group of people with common legal claims. Class actions are often used when there are many people who have been similarly harmed by the same conduct—for example, employees who have suffered similar wage and hour violations, consumers of a product who have been victims of the same fraud, or survivors of abuse or discrimination perpetrated by the same institution. If you believe others have suffered similar violations of their rights, you may be able to pursue the case as a class action. Arns Davis Law’s complex litigation team is made up of experienced class action attorneys who have been appointed as class counsel in federal and state courts.