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Frequently Asked Questions

Why should I have an attorney?

What is a civil case?

What documents should I bring with me when I meet with an attorney?

What happens at my first meeting with the attorney?

What types of outcomes can I expect if the attorney accepts my case and it is filed in a court of law?

Do I have a strong case?

I have fully recovered from my injuries. Do I still have a case?

How does my attorney get paid?

How long will my lawsuit take?

What is my role in the lawsuit?

When should you hire an attorney?

What damages might I be entitled to recover?

When do I need to make a claim for personal injuries?

Does is matter that I wait to make a claim for personal injuries?

If I do file a claim will it settle quickly?

Why I should hire Foulston Law Office?




 

Q: Why should I have an attorney?

 

The insurance company representing the person(s) at fault for your injuries will have at their disposal a team of adjusters, investigators and attorneys working to limit your compensation. The insurance company’s goal is to pay you the least amount possible to settle your claim. They are trained professionals who have years of experience and training in denying and minimizing injured parties' claims. You need the assistance and guidance of an experienced attorney to protect your interests and help ensure that you receive full and fair compensation for your injuries.

 

 

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Q: What is a civil case?

 

A civil case starts when an individual has been injured as the result of the intentional or negligent act of another. These cases are handled in civil court. A civil case focuses on the damage done to the victim and on compensating him or her for physical, emotional and financial losses. A civil case can obtain compensation to pay for your medical expenses; reimburse you for your lost earnings, and compensate you for your pain, suffering and disability. Foulston Law Office handles only civil cases.

 

 

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Q: What documents should I bring with me when I meet with an attorney?

 

When meeting with a personal injury attorney, it is important to bring as much information as possible. Bring any documents that might be relevant to your case, such as the accident report, letters from insurance companies,  medical records and reports, photographs and any other written materials you might have regarding the case. This will help your attorney determine if your claim will be successful.

 

 

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Q: What happens at my first meeting with the attorney?

 

You will tell the attorney everything that happened regarding your injury and provide any documents you might have. At the end of the meeting, the attorney should be able to let you know whether you have a good claim.

 

 

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Q: What type of outcome can I expect if the attorney accepts my case and it is filed in a court of law?

 

The case might settle or go to court for trial by a jury or a judge. This process can take months or even years, depending on your particular case. If the case settles, you will not have to go to trial and will receive compensation for your claim according to the terms of your settlement. If the case goes to trial, you might win at trial or lose. The decision to go to trial or to settle will be made together by you and your attorney.

 

 

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Q: Do I have a strong case?

 

Whether or not you have a strong case depends on a variety of factors, including the nature and extent of your injuries, who is at fault and whether the defendant has adequate insurance coverage. Foulston Law Office can evaluate your case in light of these and other factors, and give you a realistic assessment of what you can expect.

 

 

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Q: I have fully recovered from my injuries. Do I still have a case?

 

Probably. Even if you have fully recovered from your injuries, you may be entitled to compensation for injuries caused by another’s negligence.

 

 

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Q: How does my attorney get paid?

 

Foulston Law Office works on a “contingent fee" basis. This means that if we agree to take your case, we will take a percentage of the recovery, whether by settlement or a trial verdict. We advance all of the court fees and other related expenses, and we are reimbursed from your recovery. If there is ultimately no recovery on your case, you owe us nothing ~ not even for our expenses incurred on your behalf.

 

 

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Q: How long will a lawsuit take?

 

This depends on many factors. The vast majority of cases settle prior to trial. However, if a settlement is not reached, your case will progress through the discovery process and trial. This entire process may take a year or longer.

 

 

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Q: What is my role in the lawsuit?

 

Foulston Law Office will take care of all the legal aspects of your case. You may be required to participate in discovery by answering written questions called interrogatories, or to give oral testimony in a deposition. If your case goes to trial, you will be expected to appear in court. Throughout the duration of your case, you should obtain appropriate medical care and make all of your doctor, physical therapy and other appointments.

 

 

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Q: When should you hire an attorney?

 

You should retain an attorney as soon as possible after you have been injured. While you are in the process of dealing with your injuries, the party at fault has notified his or her insurance company and put them on notice of your potential claim.

You may receive letters or calls from representatives of the insurance company that represents the party at fault. It is important that you not talk to them prior to consulting an attorney. This will ensure that your legal rights are protected.

 

 

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Q: What damages might I be entitled to recover?

 

There are several types of damages that can potentially be recovered in a personal injury claim. At Foulston Law Office we consider your specific claim, and try to maximize your recovery from the insurance company. 


The basic types of damages in a personal injury claim are as follows:

  • Past and future medical expenses
  • Past and future pain, suffering and disabiliity
  • Past and future loss of income

There may be other damages that you are entitled to as a result of your injuries. Foulston Law Office will provide you with a detailed review of your individual damages upon consultation.

 

 

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Q: When do I need to make a claim for personal injuries?

 

The time you have to file a lawsuit varies from state to state. Contact Foulston Law Office to determine what action should be taken to preserve your legal rights.

 

 

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Q: Does it matter if I wait to make a claim for personal injuries?

 

Yes. If you wait too long and fail to properly file a lawsuit within the time allowed by law (called the "statute of limitations" ) you will not be able to recover any damages for your injuries.

 

 

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Q: If I do file a claim will it settle quickly?

 

That depends. There is no definite period of time that determines when a case should be settled because every case has its own unique facts and circumstances. We take great pride in avoiding unnecessary delays, because we understand the hardship an injury can bring.

 

 

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Q: Why should I hire Foulston Law Office?

 

  • We have protected the legal rights of our clients for over 35 years
  • We welcome your participation in your case and work with you to fully understand every aspect of your claim so that you are able to reach important decisions that can affect your case.
  • We are very experienced and are willing and ready to represent and advocate your rights.
  • We do not represent insurance companies. We have chosen to only represent clients who have been injured.  

 

 

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Foulston Law Office assists clients in the State of Kansas with personal injury claims, and clients nationwide with medical device and prescription drug claims.



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8100 E.22nd St. North, Building 1200, Wichita, KS 67226
| Phone: 316-686-4196 | 800-820-8166

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