Answers To Frequently Asked Questions

What kind of cases do you take?

Our practice involves settlement and, when necessary, litigation of all civil claims which involve serious physical or psychological injuries, or financial losses caused by the negligent (careless), reckless or intentional wrongdoing of other individuals or businesses. While many claims arise out of common occurrences like car accidents, a sampling of the wide variety of other cases which we have handled is included in the Verdicts and Settlements section of this website.

How much do you charge for your services?

In most cases, attorney fees are paid to this office on a “contingent” basis: that is, out of any recovery which we receive on behalf of our client. In those cases where a claim cannot be resolved favorably, no attorney fees are charged. In cases involving divorce, business disagreements or other civil disputes, attorney fees are charged according to the time involved.

What is negligence?

Negligence is the same as “carelessness”. In legal terms, it is the “failure to use due care under the circumstances”. If a person or business owes someone a “duty of due care”, but is careless and causes injury or losses as a result, the wrongdoer is legally responsible for the consequences of that carelessness.

What are the possible consequences of negligence?

Losses or injuries resulting from negligence, and which the law recognizes, are referred to as “damages”. Obvious examples include: bodily injury (medical bills, income lost as a result of disability, pain and suffering, etc.), and psychological injury (such as being arrested on a false charge, being libeled or slandered, or the wrongful death of a close family member). There are also financial losses which can come from disputed insurance claims, damage to property or business, and other wrongful conduct.

What is medical malpractice?

Medical malpractice is also called medical negligence. If a health care provider fails to meet generally accepted standards of care in the treatment of a medical patient, and additional injury or disease results from that failure, a claim may be warranted. As with any claim for professional negligence (whether doctor, lawyer, accountant, architect, etc.), the applicable “standard of care”, and any instance in which it was not followed, must be determined by an expert witness – someone whose education, training and experience gives them the right to offer an opinion on those questions.

How do I know if I have a claim?

Unless the circumstances are obvious, as in being hurt in a car struck by a driver who disregards a red light, the question of whether or not you have a claim is best determined by a trial lawyer who is knowledgeable in the procedure of investigating claims, familiar with the law surrounding claims, and not afraid to go to court if necessary. Beyond the question of whether you have a claim, the experienced trial lawyer is in a better position to assess the fairness of any settlement proposal, as well as the possible sources of recovery.

What Sets The Waggoner Law Firm Apart?

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