Frequently Asked Questions

When a person is injured as a result of something someone has done (or in some cases failed to do), then the injured person can commence legal proceedings to be compensated for their loss or injury. When a person is tragically killed in the same circumstances, then the Estate of that individual can bring the proceedings. Depending on the circumstances and applicable laws, the Estate may be represented by an administrator or the heirs. When a minor is involved, the parent or adult responsible for that minor can institute the lawsuit on behalf of the child. Depending on the law, there are other people who also may recover damages from a lawsuit. For example, children often can sue for the loss of their parents, a parent can sue for loss of a child, and spouses can sue for each other's death or injury. The question of "Who is eligible to bring a lawsuit?" is far too complex to answer in this one page FACT SHEET. Accordingly, if you choose to have Musslewhite & Associates, PC represent your interests in this case then its professional assistants will work with you as you complete a comprehensive questionnaire. Once we have had the opportunity to study the answers in the questionnaire as well as any estate documents and apply the appropriate law, we can address this issue much more definitively.

A statute of limitations is a law that sets a time limit for people to file lawsuits. The time limit starts from the moment the cause of action arises, which is the point at which someone has suffered some harm or injury. Once the statute of limitations has expired, a lawsuit cannot be filed. The purpose of the statute of limitations is to ensure that legal disputes are resolved in a timely manner and to prevent the filing of stale or fraudulent claims. It is important to note that different types of lawsuits have different statutes of limitations, and they vary by state. Therefore, it is crucial to consult with an attorney to determine the applicable statute of limitations for a particular case.

During the lawsuit, you will be referred to as the plaintiff. The plaintiff brings the complaint before the court. The entity being sued is called the defendant. There are many aspects of a lawsuit but a key one being the discovery process. During the discovery process, each party to the lawsuit may be required to answer questions posed by the order and to provide documents. As your lawyers, we will first examine all these questions and document requests to determine if they are lawful and relevant. If our assessment is that questions needs to be answered or documents need to be produced, we will work with you personally and through our appointed representatives to complete this process. Lawsuits many times are settled out of court prior to the commencement of trial. However, at Title here, we never assume that this will happen and we proceed on the basis that a trial will be necessary. Adopting this approach means that were are more ready to conduct the trial when necessary, and it also informs the defendant and their lawyers that we are serious regarding our trial preparation. There is also is the issue of the psychological ramifications of the grieving process. As your case progresses, we may determine that you should have specialized psychiatric care. In those circumstances, we will locate a suitable professional in your area and make arrangements for you to be treated and examined for the purposes of a medical-legal report. We will advance the cost of this treatment if you are unable to do so. In all circumstances, we will provide you with assistance each step of the way. Furthermore, we will set in place a number of methods for you to contact us with any questions you may have as the process goes forward.

Prior to instructing your Attorney to accept an offer, you will review and apply the terms and conditions of your Client-Attorney Agreement insofar as it relates to the disbursement of any monetary outcome. The variable figures required to calculate the final disbursement will be the amount of the expenses incurred in prosecuting the claim to that point in time and the Attorney's fees. In order to finalize the calculation you can, and should, request your Attorney to provide you with a full accounting of the case expenses along with a description of the specific disbursements that make up that amount. At that time, you will have at your disposal all of the relevant information which will allow you to calculate the net outcome of the compensation payment due to you or the minor or Estate which you represent. It is upon this net amount that you may base your decision to accept or reject the offer as presented. If you decide to accept the offer, then (after due process) the total amount of the settlement will be deposited to the Trust Account of your Attorney. At the time, your Attorney has very clear legal obligations regarding the disbursement of the funds in accordance with the law and the terms and conditions of your Client-Attorney Agreement. Laws of the United States of America impose very strict rules and obligations on Attorneys during this process