FREQUENTLY ASKED QUESTIONS
Most people who call us have never been involved in a lawsuit and just don’t know what to expect. Below are some of the questions that we are routinely asked by our potential clients. These frequently asked questions are provided for informational use only. Please see our disclaimer for additional information.
What is Insurance Bad Faith?
An insurance policy is a contract between the insured and the insurance company. The insurance company must act fairly and in good faith when dealing with its insureds and their claims. If the insurer unreasonably withholds benefits or unreasonably delays payments, it has violated the covenant of good faith. You may then have a lawsuit for insurance bad faith in which you can sue for actual damages (contract benefits) and consequential damages (such as emotional distress). In some cases, punitive damages may even be awarded.
What is a class action?
A class action is a lawsuit where one person brings the suit on behalf of himself or herself, as well as on behalf of all others similarly situated. The person bringing the suit, and sometimes it may be a couple of people, is known as the Class Representative(s). They are able to move forward on behalf of an identifiable group of people when everyone has the same or a similar claim. The facts and the issues of law must be common for everyone in the class and the Class Representative’s claims must be typical of all of the class members’ claims in order for a lawsuit to proceed as a class action. The final determination in the case is binding on all class members and, if it is a successful suit, all class members may receive a benefit, money or otherwise, from the lawsuit.
Why would I want my case brought as a class action instead of as an individual case?
Sometimes there are so many people harmed in the same way by the same defendant, that it is more efficient and less of a burden on the court’s resources, for a lawsuit to proceed as a class action. There are also times when the individual person’s damages are so small that with the current costs of litigation, it would not be practicable to pursue an individual lawsuit. In these instances, a class action lawsuit may be the best way for you to pursue your case. The goal in a class action lawsuit is the same as for an individual case: to get you fair and adequate compensation for the harm done to you.
What is a construction defect lawsuit?
Construction defect includes any failure to construct a home or building in a reasonably workmanlike manner. There are many types of defects, and chances are you may not know how your home is defective. What you will know are the symptoms of the defects, such as roof or window leaks, cracking in your concrete, doors that swing open after being shut, cracking tiles and space between hardwood floor boards growing larger, just to name a few. You will know that the defects are causing physical damage to your home. By filing a construction defect lawsuit, you are going after the parties responsible for the defects in your home, usually the developer, builder, contractor or subcontractor. The goal of the lawsuit is to have all potentially responsible parties involved as defendants so that you can deal with all of the defects to your home at once.
What is a contingency fee?
There are really just two ways that an attorney gets paid for his or her work. Either we work on an hourly basis or on a contingency basis. Most of our cases are on a contingency fee basis. What this means is that if we are able to recover money for you, we share in a percentage of that money. If we are unsuccessful in obtaining money for you, we receive no fee from you. We work this way since we believe everyone should have access to the justice system, not just the wealthy who can afford to pay an attorney an hourly fee. Our firm is dedicated to the rights of plaintiffs, the rights of those harmed by large companies and employers. By working on a contingency fee basis, we are giving the everyday person the ability to take on the large multi-million dollar company, helping to make sure that businesses and employers are abiding by the laws of our society.
What is a statute of limitations?
In general, a statute of limitation sets the time period during which a lawsuit must be filed. If you fail to file a lawsuit within the defined time period, the Court will not allow you to pursue your case. In other words, the passage of time alone can extinguish valuable legal rights, and what is important is that you seek legal counsel to protect your rights as soon as possible. If you think you may have a case, we suggest that you contact an attorney as soon as possible so that you do not miss the time allotted by the law to file your case.
How do I know if I have a case?
Call us. Although we cannot give legal advice to someone who is not a retained client, we will happily, and at no charge, review your potential case to determine whether it is a matter with which we can help. Case review usually consists of a telephone call and review of your documents. We may also need to schedule an in-person meeting, but our New Case Manager will walk you through the steps and let you know what we need along the way.
How quickly will you let me know if you can take my case?
We understand that lawsuits can be difficult for people in many ways and you may be under pressure for a quick response. If there is a deadline looming, please let us know during your initial telephone call with our New Case Manager. In general, we get back to you as quickly as possible. The length of time it takes us to analyze your case just depends on the specifics of your situation. Are there a lot of documents? Will legal research need to be done? When are you available to meet with us? Again, we do our best to get back to you just as quickly as we can.
What if you are unable to accept my case?
Unfortunately, we are not able to help everyone who calls us about their potential case. We know how difficult it can be to find an attorney. So, if we cannot help with your case, we will do our best to put you in touch with an attorney who can.
Why should I choose The Quisenberry Law Firm?
Our attorneys are skilled in what they do and have earned a reputation in the community for the highest standard of legal work and ethics. We are dedicated to our clients and believe strongly in the rights for which our clients are fighting, from holding an insurer accountable for its actions during the claims process to forcing an employer pay overtime and abide by the laws of our state. Our attorneys fight harder for you because they believe in you and your rights under the law.
The firm is also known in the community as a team of strong litigators, willing to take the case all the way through trial. Defense counsel representing the insurers, large companies and employers know that we cannot be bullied or buried. They know to take us seriously. If we take your case, our reputation will work to your advantage.
