The first part of our job
as attorneys is to evaluate your potential case and help you reach a decision as
to what you should do next. Contact
us to get the process
started. As a first step, we may talk by instant message, email, or
telephone. If we think we may be able to help you, one of our attorneys
will meet with you in person to consult with you and review any documents that
you may have. The most important thing for you to do is to tell us
everything about the situation that led you to seek legal counsel,
whether you think it helps or hurts your case.
In our personal
consultation, we_ll discuss what the law requires you to prove in order to make
a recovery and what factors affect the amount of money you might recover if you
are successful. The first factors considered are establishing liability,
causation, and damages. Other important questions are whether the injuries
or economic damages you sustained are significant enough to justify the time,
energy, and expense that are required to bring a lawsuit, and whether the person
or entity that is liable has the ability to pay for compensation for your
damages or has insurance that will provide coverage.
We would appreciate the
opportunity to discuss and evaluate the unique circumstances of your case.
Please contact
us to begin a discussion
about whether we can help you.
What information do you
need to evaluate my claim?
You get the ball rolling by
sharing information about your problem. Contact us, and we will ask
you specific questions based on the type of claim you have. When we make
an appointment for a personal consultation, we will tell you what documents to
bring to us for review, if you have them.
In a Motor Vehicle
Accident claim, we may ask you to provide us with a copy of the police
report, if there is one, the insurance information for the other driver, records
of your injuries caused by the accident, photographs of your injuries and
property damage, if you have them, property damage estimates for your vehicle,
and your own automobile insurance policy.
In a Medical
Malpractice claim, we may ask you to provide us with copies of medical
records related to the alleged malpractice and the injuries that followed.
In Texas, medical records belong to the patient, and you have the right to get
them from the doctor, hospital, or medical clinic. We can give you advice
on which medical records are most important, and how to obtain them.
In an Insurance Bad
Faith case, we may ask you to bring copies of the insurance policy, claims
records, correspondence to and from your insurance carrier, denials of claims,
records of insurance payments, and estimates for repair of the insured
property.
In an Employment Law
claim, we may ask you to provide us with copies of any employment contract
between you and your employer, if there is one, written performance evaluations,
honors, and/or any written warnings, records of disciplinary actions or
termination notice you may have received. If you believe you were
terminated because you were injured, we will ask you to provide us with records
related to your injury. If you believe you were terminated because you
reported wrongdoing, we will ask you to provide us with records related to
that.
In an Eminent Domain /
Condemnation claim, we may ask you to provide us with the notice you
received from the governmental entity that is taking your land, the offer the
entity has made to compensate you for the land you are losing, and any notices
or hearing that you have received.
In our personal
consultation, we will evaluate whether we can help you with your
case.
If we cannot accept
representation in your case, we will do our best to give you information to help
you find other counsel or get more information or assistance though local, state
or federal governmental agencies or other resources. Our goal is for
someone who comes to see us for help to leave knowing more than they did when
they came in, and to know that we have done what we could to assist
them.
What are my chances of
winning my case?
We understand that most
people want an attorney to promise to win their case or be able to tell them how
much money they could get from a lawsuit, but the best answer we can give is
that if we take your case, it is because we think there is a chance at achieving
the result that you want. We will always be straightforward in giving you
our opinion about your chance of success in your case, and in return you have to
understand that it is only that _ an opinion. No one can guarantee the
outcome of a claim or a lawsuit. The process can be long, difficult and
unpleasant. We will keep you advised of any changes in our opinions as
your case progresses and more information is obtained. We will always give
you our best advice on how much money to demand, whether you should accept a
settlement offer, or your chance of success at trial.
What we can and do
promise is that we will work hard for you. We will use all of our
experience and expertise, our resources, and our time to vigorously pursue your
claims, represent your interests, and protect your rights.
How long will my case
take?
Our goal is to resolve your
claim as quickly as possible while getting you the best result we can.
Rarely does a case resolve as quickly as a client would like it to. Every
case is different, but what is the same for each is that attention to detail at
every step is important to the process of gathering information and determining
your causes of action, marshaling your evidence, and overcoming the opposing
parties_ defenses. Depending on its complexity, preparing and prosecuting
a lawsuit can take a long time. A case could resolve in as little as a few
months or could take several years, depending on whether it goes to trial and,
if it does, whether there are appeals to higher courts.
Some, but not many, cases
settle without having to file a lawsuit. If a lawsuit is filed, most cases
settle without going to trial, but often the settlement occurs very close to the
trial date. We attempt to obtain fair and reasonable settlement of our
client_s cases as they progress. We prefer for our clients to achieve the
highest possible settlements without incurring high litigation costs; however,
the best settlement can often be achieved only when the defendants and their
insurers know that we are prepared and are ready, willing and able to go to
trial. For that reason, we prepare each case from day one as if it were going to
trial. Our reputation is one of having the resources, competence and willingness
to take cases to trial and achieving outstanding results.
Is there a deadline for
me to file a lawsuit?
The length of time within
which you must file your lawsuit (called the _statute of limitations_) varies
from state to state and from case to case. In Texas, most cases involving
personal injuries must be filed within two years of the date of the accident or
the malpractice. However, there are some circumstances that can either
significantly shorten or significantly extend this time period. For example, if
the negligence or malpractice involves a governmental entity, you may be
required to file a notice of claim letter within a period of 45 days or 6
months, or another relatively short period following the date of the negligence
or malpractice. If you fail to file your case within the applicable statute of
limitations, you will lose your right to bring your case altogether. The whole
area of limitation periods and notice requirements is very complex and is
undergoing constant review and change, so it is important to contact an
experienced attorney as soon as possible to discuss your case.
How much will it cost
to have a consultation with an attorney?
Our initial consultation is
free, except for employment matters and some complex litigation. Our
consultation fee for employment matters is $50.00. For complex litigated
matters, we may charge an hourly fee for consultation.
How much will it cost to
hire your firm?
Our firm handles cases
under a variety of fee arrangements, which we can customize to suit the
situation and the client_s needs. For some matters, a flat fee or an
arrangement in which the client pays hourly fees is appropriate. Under
those fee arrangements, clients usually pay case expenses as they are
incurred.
For many cases, a
contingent fee arrangement is the most appropriate and sometimes the only way
that clients can afford to hire an attorney to pursue their claims. Under
a contingent fee agreement, we only charge attorney fees when we are successful
in obtaining a recovery for you. The fee is a percentage of your
recovery. Under contingent fee agreements, the firm usually advances the
expenses necessary for pursuing your claim by using a lending company that
specializes in financing case expenses. If we are successful in obtaining
a recovery for you, the case expenses, loan fees and interest will be reimbursed
from your portion of the recovery. If no recovery is achieved, you will
not owe our firm for any attorney fees or reimbursement of case expenses, loan
fees or interest.
Do you take cases
outside of Texas?
Although the majority of
our cases are in state or federal courts within Texas, we do accept cases
outside of Texas. We have a wide network of highly competent, experienced
attorneys in other states with whom we associate.
Why should I choose
Ross, Melton, Denosky & Balcezak, P.C. to represent me?
We understand that people
do not usually come to an attorney because things are going well. You have
come to us because you need help, and we know how to provide it. Our partners
bring over forty years of litigation experience to the table, and we have proven
ourselves in the courtroom by winning cases for our clients against corporate
and insurance giants. Our abilities are known and respected. Our
commitment is to provide you with the highest quality legal work while giving
exceptional value for our services, no matter how big or small the
case.
