Answers to Frequently Asked Questions
Q. How do I know I if I have a case?
A. First, you must have suffered an injury to your person or property. In
the case of an asbestos-related disease, you must have a confirmed diagnosis
from a medical physician. Most often, that will involve undergoing a CT
exam, chest x-ray and/or Pulmonary Function Test (PFT). Second, you should
consider whether your injury was someone else's fault. In some cases,
it may be necessary for you to show that the other party was more at fault
for the injury than you were.
Q. What if a person dies before bringing a personal injury lawsuit?
A. If a person is injured by the negligence of another, and subsequently
dies because of those injuries, that person's heirs (living spouse/children)
may typically recover money through a lawsuit known as a wrongful death
action. Even if a person with an injury claim dies from unrelated causes,
the claim survives in most cases and can be brought by the personal representative
of the Estate.
Q. Is there a time limit for me to bring a case in court?
A. Yes. Each state has different time limits, called "statute of
limitations" that restrict the amount of time for a person can file
a lawsuit. These statutes not only vary by state, but they also vary depending
on the type of case or cause of action. It is critical you provide your
attorney with the requested information about your case, injury or disease
to insure your case is filed within the proper time frame.
Q. How much will it cost to get my case settled?
initial consultation with a George & Farinas, LLP attorney is entirely free. We will thoroughly
investigate your case before advising you of your legal rights at no cost
to you. The vast majority of our cases are performed under a contingency
fee arrangement. This means that unless money is awarded to you, the lawsuit
will cost you no money. There are no financial risks involved when you
file a lawsuit with our firm.
Q. What are contingency fees?
A. A contingency fee means you owe no legal fees or expenses until we conclude
your case in your favor. If we do not achieve recovery for you, we do
not get paid for our legal services. If we are able to achieve recovery
for you, then we receive our legal fee as a percentage of your total recovery,
and are reimbursed expenses from your portion of the settlement. We believe
our clients appreciate the contingent agreement. It allows them to receive
the legal assistance they are entitled to, without worry of how they will
Q. How can contingency fees help me?
A. Our team of Indiana asbestos attorneys takes most cases on a contingency
fee basis for two reasons. First, and most obviously, is the freedom it
provides you to hire a lawyer without the added stress of flat fees and
hourly rates. Many firms earn money by charging for each minute they spend
working on the case, which can add up to hundreds of dollars, or more,
before you even reach the court house steps.
Second, a contingency fee arrangement benefits you because you hire more
than just an attorney, you hire a partner. We fight together with the
same interest in mind, to achieve the best result for your case. Contingency
fees inevitably provide your lawyer with a greater incentive to succeed
at your case and work hard every step of the way. We invest time and quality
work on your behalf.
Q. I am not the type of person who wants to sue someone, why should I hire a lawyer?
A. You are not alone. Many of our clients have never hired a lawyer before.
Do not feel guilty about wanting to get help with your claim. Not all
cases will end up with a lawsuit where you will be required to give a
deposition or go to court. In many cases, we attempt to achieve reasonable
settlement amounts with the defendants in your case. You have complete
control over accepting or rejecting a settlement offer. As your attorneys,
we will advise you on what we think your best option is, but you must
formally agree to accept a settlement offer before any money is awarded to you.
Q. I was recently diagnosed with an asbestos disease. Can I focus on my
medical treatment before filing a lawsuit?
A. Making good decisions about your medical health should be your number
one priority. However, it is important to evaluate your legal options
as soon as possible, even while you are undergoing treatment. As mentioned
above, the law provides for a limited window of opportunity to bring a
lawsuit, called a "statute of limitations." I many states, such
as Indiana, it is no more than two years from the date of your diagnosis.
In some status, such as Kentucky, it is only one year. Also, the sooner
you act, the sooner you may receive compensation to assist you with medical
bills and other financial difficulties. Finally, if you have been injured
yourself, you are the best witness in your case. It is important to preserve
your memories in the form of legal testimony about your work history and
exposure to asbestos.