FAQs – General
We have pulled together some of the most commonly asked questions about lawsuits and lawyers. For questions about specific topics, like auto accidents or dangerous drugs, just go to the page for that topic. The list of topics is on the left-hand side of the screen.
How much does it cost to get a lawyer?
At the law firm of Siegfried & Jensen, our lawyers don’t get paid until your case settles or you win in court. We do not charge an hourly fee. Instead, we operate on a contingent fee basis, which means we are entitled to a portion of your settlement. This arrangement allows anyone who has been the victim of a wrongdoing to legal representation.
Who can file a lawsuit (a claim)?
Anyone who has been directly injured by the negligence of another has a right to file a lawsuit.
If a child has suffered an injury, the child’s guardians or family members may file a claim.
In the event of wrongful death, the deceased’s dependents or beneficiaries may be eligible to file a claim.
Is there a time limit on when I can file a lawsuit (a claim)?
A lawsuit must be filed within a certain period of time after the incident. If you wait beyond this “statute of limitations”, you will not be able to file a legal claim.
This means that although victims of negligence have a legal right to be compensated for their injuries, they lose that right if they do not file their claims within the period of time stipulated by the statute of limitations.
For example, in the state of Utah, plaintiffs have two years to file a medical malpractice lawsuit from the time the injury was or should have been discovered, though the suit must also be filed within four years of the negligent act. If the lawsuit is not filed within the correct time frame, it is almost impossible to receive compensation for the injury.
The statute of limitations is different for children who have been injured.
It is imperative that you seek legal advice as soon as possible if you think you have a claim.
What is negligence?
Basically, negligence includes poor decision-making, carelessness, misrepresentation of training, and other acts that deviate from accepted behavior. For example, both a doctor who prescribes the wrong medication and a person who drives drunk are being negligent.
In order to have a legal claim against a person who was negligent, you must have been injured by them physically, financially, or emotionally.
How can I find out if I have a case?
Legal cases can be complex and often require extensive legal and technical knowledge to establish that mistakes were made.
First, the lawyer must establish that your case was filed within the legally allowed period of time. Then the lawyer must review all relevant information to ensure that the facts support the claim. An expert will then examine the information to establish a deviation from the relevant standard of care which caused the injury. If these facts can be established, then you have a case.
Each situation if unique, however. If you have any questions about whether or not you have a case, contact Siegfried & Jensen today for a free consultation. Our lawyers are here to help you.
What damages can the injured party or the family of a fatally injured victim recover?
In Utah, the most common damages that victims seek compensation for are lost income, medical bills, and pain and suffering.
What kind of settlement can I expect?
Every case is unique and there is no way to know for certain how much money you will receive in a settlement or even whether or not you will receive a settlement. The nature of the negligent act, the circumstances surrounding it, and the extent of the resultant injury are all factors that help determine the amount of any settlement you might receive.
What is a class action suit?
A class action suit is a claim filed on behalf of multiple injured persons against a single defendant (e.g., a drug company). In order for a judge to grant class action status to a case, the plaintiffs’ claims must be sufficiently similar to warrant trying the claims together rather than through individual litigation.
Class action lawsuits require a large investment of time and money from the law firm handling the case. As a large and well-established firm with significant experience litigating both individual and mass tort claims, Siegfried & Jensen is prepared and equipped to handle class action claims when the need arises.
Filing a claim as a class action is not the right course of action for every claim. Our lawyers will only file your claim as a class action if they are confident that this approach is in your best interest.
Who can I contact if I have questions?
Contact Siegfried & Jensen for a free consultation. We’re happy to take your questions.
