What to Expect
Most people do not know how a claim works until it happens. The following is a general summary of how most claims will proceed. Of course, every case is different and your case may proceed in a different fashion depending on the type of case you have and the individual facts of your particular case. At The Callier Firm, your case gets the individual attention you deserve. Every client and every case is important. We are not a settlement mill and are selective in the cases we accept. This type of individual attention devoted to each client and case has resulted in approximately one hundred million dollars ($100,000,000) being recovered by Cal and his firm on behalf of clients.
A: A successful attorney-client relationship depends upon absolute candor and confidentiality between you and your attorney. Be assured that everything that you reveal to your attorney at The Callier Firm will be held in the strictest confidence and will not be revealed unless necessary for the successful prosecution of your claim.
Q: What is a Contingency Fee?
A: Almost all cases handled by The Callier Firm are done so on a contingent fee basis. What this means is very simple. You will not be called upon to advance any expenses or costs in prosecuting the claim. The firm advances these costs for you. The attorney’s fee earned by the firm is on the contingent fee basis. This will be a percentage of the ultimate financial offer or recovery. The amount of that fee may vary depending upon the nature of your claim and the complexity of your case. When your case is successfully concluded, the firm earns the applicable percentage of the offer or recovery secured and reimbursement of the firm’s out of pocket costs.
A: The first step in exploring a potential claim begins with a face to face interview. At this interview, Cal will gather information from you about the facts of your particular claim. Information will be gathered about your case, how it happened, who may at fault, what resources and insurance coverages may be available to compensate you, the nature of your injuries, your medical care, your medical history, prior injuries and claims, and other information that will be important in prosecuting your particular claim. At this stage, and at every other stage, it is critical that you be absolutely truthful and forthcoming in providing all requested information. Remember that the information you provide is held in strict confidence.
A: After the initial interview, and assuming the firm has agreed to accept representation, the next step is the information gathering step. During this stage, the firm will gather information with regard to your injuries, your medical records, the liability facts, and your damages. At this stage, your attorney will gather as much information as is available to be able to advise you on the realistic likelihood of a successful recovery and evaluation of your claim.
Statistically, most claims will resolve by settlement without reaching a jury trial. In fact, most claims will resolve by settlement without a lawsuit being filed. Whether a lawsuit should be filed in your particular case is determined individually based on the type of case that you have and the likelihood of a successful pre-suit settlement. Some types of cases, by their nature, simply cannot realistically be expected to resolve without suit. If your case is of that type, your case will be filed early in the process so that you claim can proceed through the Court system as quickly possible. Other cases, assuming they are properly prepared, can realistically be expected to settle without the necessity of a suit. Your case will be evaluated individually and postured to achieve the best possible financial recovery for you.
A: If your case is one in which a lawsuit filed, that brings into play all of the rules and regulations of the particular Court where your lawsuit is pending. This is rarely a quick process. Usually, the suit begins with the “discovery” phase in which the parties to the lawsuit are required to exchange information and provide the opposing party the opportunity to “discover” the strengths and weaknesses of each side. At some point, you will likely be required to give a “deposition.” A deposition is where the opposing attorney is given the opportunity to question you under oath about the facts of your case. Your attorney will thoroughly prepare you for that deposition and will be seated at your side during that deposition to be certain that the deposition is properly and legally conducted.
Q: Mediation and Settlement
A: After the “discovery” period expires, in which the parties and attorneys have been given the chance to learn all relevant information about each side’s case, the case will likely be ordered by the Court to mediation to explore potential settlement. Many Courts have now enacted a policy requiring the parties to attend mediation before the Court will put the case on a trial calendar. Whether a case settles at mediation is entirely voluntary. There is an impartial mediator who conducts the actual mediation. The mediator listens to both sides, evaluates the strengths and weaknesses of each side, and encourages the parties to agree on a settlement figure. There are no binding determinations at mediation. If the case is not mediated to a successful conclusion, the next step is to have the case placed on a trial calendar to have the case resolved by trial, either by a judge or a jury.
A: At The Callier Firm every case is prepared from the very beginning as if the case will be tried. The most effective way to achieve a satisfactory result is to prepare each case as if it is going to be tried. The goal of the attorney representing you in your claim is to maximize the financial recovery for your particular case. At The Callier Firm, every case is handled and prepared thoroughly as if it will be tried in court.