There may be other rights available to you, regardless of your legal status. Please contact us or call (919) 419-9933 for a free consultation.
Frequently Asked Questions
How do I know if I have a case?
In North Carolina, if you have been injured by the negligence of another, you may have legal claims for damages you sustain. We offer an initial attorney consultation, at no cost to you, to help you determine if you have a case or if you should hire an attorney. Our attorneys will be able to advise you after the consultation what your next step should be.
How can I afford the attorney’s fees?
Attorneys fees and costs of litigation can be overwhelming. Understanding this reality, we handle cases on a contingency basis. That means that you pay our attorneys fees only if there is a recovery in your favor. The attorney’s fee will be a percentage, from 25% to 33 1/3%, that will come from the insurance settlement.
Who will work on my case?
Once you have hired us, there will be a team working on your case. Each client may have an attorney, paralegal, and legal assistant working for him or her. You will always be able to meet with and speak to your attorney when your attorney is available. If your attorney is not immediately available, the paralegal or legal assistant can often answer any question you may have. Our attorneys are often in meetings, depositions, on the phone, or in court. Nonetheless, our attorneys will take your calls when available and return your calls when not.
How do I pay for the expenses of my case?
In many cases, our law firm will advance the expenses and be paid back from your portion of the recovery. In certain cases, we will advance costs for you.
Can you settle my case without me knowing?
Attorneys can only act with the client’s permission. The attorneys at Hyland and Padilla, PLLC will not settle your case unless you decide to settle your case after being fully informed about all the options you may have.
What is a deposition?
If we file a lawsuit for you, the defense attorney for the insurance company may take your deposition as part of the litigation process. You would give your deposition under oath in front of a certified court reporter. You will be asked a wide range questions regarding your claim by the defense attorney. Your attorney will be present with you during the entire proceeding to make sure that any questions asked are proper.
Should I speak with the insurance company?
It may hurt your case if you speak to the insurance company before hiring an attorney. Many times information provided by the injured victim will be used to minimize or deny your injury claim. After you hire an attorney, you might only talk to the insurance company about things which will not affect your injury case, such as property damage repair or getting a rental car. It is important to at least consult with an attorney if you have any questions before you speak with the insurance company. Insurance companies are not looking out for your best interest. Be wary about being asked to give a statement without legal representation. Also, the insurance company is not allowed to advise you about whether you need an attorney.
How can you represent me if I am from out of state?
North Carolina law may apply to your case in several ways. For example, if the accident you were in occurred in North Carolina while you were visiting the State. We have also worked successfully with out of state clients and their local attorneys.
How long will it take to settle my case?
You will have an experienced team working on your case; a team that knows what needs to be done and how to do it as quickly as possible. Of course, it will depend on your case’s unique circumstances. Most importantly, your case will not be settled until you have stopped treating and are ready to settle. In all matters, the legal assistants and attorneys will regularly inform you of progress toward settlement. You should also know that cases do not always settle. If the insurance company refuses to fairly compensate you, we may have no choice but to file a lawsuit. Lawsuits can take from one to three years to resolve.
Do I have to file a lawsuit?
You will decide, based on information and advice from your attorney, whether to file a lawsuit. In North Carolina, when you are injured by the negligence of another, you have three years from the date of accident to either resolve your claims or file suit. Failure to file suit before the three years expires will generally prevent you from pursuing your claims. Most cases resolve without a lawsuit being filed.
Communicating With Our Lawyers
We know that open communication an attorney is critically important. Our office hours are generally from 8:30am to 5:30pm, Monday through Friday. If our regular office hours are not convenient, we are always willing to talk at other times by appointment. Meetings can be held at either of our firm’s offices or at another location more convenient for you, such as your home or workplace. We have an after hours answering service that is available 24 hours a day, 7 days a week.
Confidentiality
The attorney-client privilege generally provides that anything you say to your attorney regarding your case will not be shared with any other person, unless you give permission. Our attorneys and staff recognize the importance of knowing every aspect of your case so that we can provide you with the best legal advice, and the importance of protecting your privacy.
