Below are the answers to common initial questions many clients have when they first contact The Wenholz Law Firm PC. We hope that the information below address many initial concerns you may have, but if you don’t find the answers here, please contact us with questions specific to your case. The consultation is free and confidential.
It depends. If you or a loved one has been seriously injured you need to consult with a lawyer immediately. The attorney can help you preserve evidence like videos, black box recordings from vehicles, investigate road surfaces, inspect the products before they are tampered with, sold or destroyed and place a litigation hold on all electronic data such as emails and texts to save it.
If you have an insurance case, you may wish to wait to consult with a lawyer after the insurance company makes a decision to pay and what to pay on the claim. We normally suggest that the client only come to us when they are confident that the insurance company will not pay them any other benefits. There is no reason to share policy benefits you were receiving without the lawyer’s involvement.
You should look for an attorney that has experience with your type of case. You should ask a lawyer you know for a reference. You should ask the lawyer for client references, just like you would a builder or any other person you hire to perform an important service. Ask the lawyer how many cases they have tried to a verdict and if they actually handle appeals. You want someone with the experience, knowledge and reputation for seeing your case to the finish line, if necessary. Last, you need to find a lawyer that will be responsive and communicate clearly and honestly with you. Honesty is the main building block of trust. Trusting your lawyer is critical to a satisfactory relationship.
Yes, probably, if you agreed to arbitrate in any written contract. While arbitration is generally faster than having a jury trial, the upfront costs are considerable. For a homeowner complaining of foundation defects the costs can exceed $12,000.00 for a hearing. The law currently favors arbitration and it is very difficult to avoid. However, if you are a subsequent owner of a home complaining of problems or a veteran there could be exceptions.
Unfortunately, longer than you think. I have been involved in a case that took 13 years to resolve and involved multiple appeals. Normally, we will strive to set realistic expectations concerning the length of time it will take to settle your case at the outset. In our experience the worst scenario is being misinformed about how long it will take to handle your legal matter. Cases take time and involve complicated scheduling – our firm, defense counsel, experts, witnesses, court reporters and the judge. The law allows time to respond to questions and requests for information. To combat these sources of delays, the Wenholz Law Firm begins at the end. We aggressively schedule the trial as soon as possible after lawyers for the defense appear in the case. This establishes a “finish line” and works as the basis for all other scheduling in the case. Efficient and effectively scheduling is a skill that requires persistence. We pride ourselves on setting fair reasonable deadlines and sticking to them.
Many clients are surprised that you cannot recover attorneys’ fees in every case. The law specifies when the court or arbitrator is allowed to award attorneys fees, punitive damages and mental anguish. It is unfair and surprising to most that traumatic loss of all of one’s property due to another’s negligence, does not normally permit the aggrieved person the right to sue for the substantial disruption, stress and anxiety resulting from the loss of a home, pet, livestock or family heirlooms. Understanding what your can recover is one of the first issues the Wenholz Law Firm will address with you on your case.