1. How do I pay for my legal fees?
2. What is a subrogated interest?
3. What are out-of-pocket expenses?
4. How do I pay for these out-of-pocket expenses?
5. How much is my case worth?
6. Do you periodically send clients a summary of their out-of-pocket expenses?
7. Are clients charged for the letters you send them?
8. Who from your law firm will work on my case?
9. I have been speaking to your legal assistants. When will a lawyer speak to me?
10. How long will it take before we go to trial?
11. If there is a trial will I need to be there?
12. What is a deposition?
13. What if I decide I want to settle my case?
14. Will you speak with me before settling my case?
15. How long will it take to settle my case?
16. If my case settles, how long will it take before I receive money?
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17. If I plead guilty and receive probation, will I always have a conviction on my record?
18. If I go to jury trial and am found “Not Guilty” will my record always show that I was arrested?
19. If I decide I want a jury trial, will you try my case?
20. If I go to jury trial and am convicted, does that mean that I am definitely going to jail?
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21. When I was arrested for DWI, the officer confiscated my driver’s license, does that mean my license is suspended now?
22. I took a breath test and it was over the legal limit but I don’t feel I was intoxicated, what can I do?
23. Can I get deferred probation on a DWI so I won’t have a conviction on my record?
24. I want to file for divorce in Texas, is it possible for me to receive alimony?
25. I have no idea where my spouse is, can I still get a divorce?
26. How long does it take to get a divorce?
27. I am a grandparent who wants custody of my grandchildren, can I get custody?
28. I am divorced already, however I am owed back child support, can I ever receive my money?
29. How is child support calculated?
30. Is alimony awarded often in Texas?
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Question 1: How do I pay for my legal fees?
Answer: We take cases on a contingency fee basis. This means that if there is no recovery, you owe us nothing for our services.
Question 2: What is a subrogated interest?
Answer: If the medical bills resulting from this accident are paid through your health insurance, automobile insurance, or a medical assistance program, and a recovery is made, the company who has paid bills may want to be repaid from your recovery. This is called a subrogated claim. Any insurance company that puts in a subrogated claim will negotiate with your attorney. Your attorney is not pursuing this claim so your health or auto insurer will get its money back. The only person she represents, is you. We do not work for insurance companies.
Question 3: What are out-of-pocket expenses?
Answer: The out-of-pocket expenses are:
Healthcare: At some point we will need a certified copy of your medical records. Each hospital and clinic has their own charge for copying records.
Filing fees: If your case is put in suit, the county charges a fee for filing a lawsuit. The amount of the filing fee varies depending on the county but are usually less than $200.00. Just because you hired an attorney does not mean that there will be a lawsuit.
Telephone expenses: Charges for conference calls, long-distance calls, etc.
Doctors charges for testifying: This is the largest expense. If you have been treating with a doctor or chiropractor because of injuries due to your accident, your attorney will need to have them testify about your condition and their treatment. Your attorney has no control over how much the doctor or chiropractor charges for their time.
Question 4: How do I pay for these out-of-pocket expenses?
Answer: In most cases, Carter & Daniel, P.C. will advance the expenses of the case and we will be paid back by you when there is a recovery.
Question 5: How much is my case worth?
Answer: The value of each case is different and must be evaluated separately. We take a great deal of time to come to a proper evaluation of your case. Carter & Daniel, P.C. has been evaluating cases and representing people for over thirty years. However, you must know that there is never a guarantee of any recovery.
Question 6: Do you periodically send clients a summary of their out-of-pocket expenses?
Answer: Not unless they request a summary. However, at the conclusion of the case, we will go over the out-of-pocket expenses incurred.
Question 7: Are clients charged for the letters you send them?
Answer: No.
Question 8: Who from your law firm will work on my case?
Answer: We have many people at any given time working on your case. There are lawyers and legal assistants with whom you will work directly. There are also investigators working on your case whom of which you will never see or have contact with. But we are all working to bring your case to a successful conclusion.
Question 9: I have been speaking to your legal assistants. When will a lawyer speak to me?
Answer: We have legal assistants to assist the lawyers in working on your case. The legal assistants are an integral part of our team. Many times the lawyers who are directly responsible for your case are out of the office or are working on other cases. You should know that any time you want to speak with the lawyer who is responsible for your case, every attempt will be made to have that lawyer call you directly at his/her earliest convenience.
Question 10: How long will it take before we go to trial?
Answer: Each court differs in the amount of time it takes to bring a case to trial. Once we know what court we are in we are in a much better position to estimate the time to trial.
Question 11: If there is a trial will I need to be there?
Answer: Yes.
Question 12: What is a deposition?
Answer: During the course of your case you will most likely have to give a deposition. A deposition is a statement that is given under oath before a certified court reporter. When your deposition is taken one of the lawyers in this office will be there to represent you.
Question 13: What if I decide I want to settle my case?
Answer: Your attorney will tell you of any offers of settlement. You make the decision whether or not the offer is acceptable.
Question 14: Will you speak with me before settling my case?
Answer: Yes, no case is ever settled without your expressed consent. Whenever settlement negotiations are initiated by either party you will be informed and it is only with your full participation, advice, and consent that your case is settled.
Question 15: How long will it take to settle my case?
Answer: You should assume that it will take at least a year from the date the case is placed in suit. Doctors and chiropractors will not usually give an opinion about the permanency of your injury until a year from the date of the accident. It is important that your case is not settled until we know the full extent of any permanent injury, if we are to produce the fairest result.
Question 16: If my case settles, how long will it take before I receive money?
Answer: Typically, once a case is settled, documents must be exchanged between both parties of the lawsuit. This process usually takes 30-45 days, but can take longer if your case involves special circumstances.
Question 17: If I plead guilty and receive probation, will I always have a conviction on my record?
Answer: Not necessarily. For simplicity’s sake, say there are two types of probation (1) Regular Probation and (2) Deferred Probation. If you plead guilty and are placed on regular probation then, yes, you will always have a conviction on your record. However, if you plead guilty and are placed on deferred probation, as long as you successfully complete probation, you will not have a conviction on your record. The difference is that with deferred probation the Judge has not found you guilty yet, he or she had deferred a finding of guilt. The other major difference between regular and deferred probation is what can happen to you if you violate your probation.
Question 18: If I go to jury trial and am found “Not Guilty” will my record always show that I was arrested?
Answer: Yes. Your record will show that you were arrested and acquitted (found “not guilty”). However, you can seek to have the arrest expunged, meaning to have all references of the arrest and the case removed from any source that may have them. If you have the record expunged then the arrest should not show.
Question 19: If I decide I want a jury trial, will you try my case?
Answer: Yes.
Question 20: If I go to jury trial and am convicted, does that mean that I am definitely going to jail?
Answer: No. Before the trial starts, if you are eligible for probation (if you have never before been convicted of a felony offense in this state or any other state), you can file an “Application for Probation” asking the Jury to consider probation if you are convicted.
Question 21: When I was arrested for DWI, the officer confiscated my driver’s license, does that mean my license is suspended now?
Answer: No. If you failed or refused a breath test, the arresting officer should have provided you with a DIC-25 form entitled “Notice of Suspension - Temporary Driving Permit”. As stated on this form, you may request a hearing to contest the suspension of your driver’s license, (an ALR hearing). The ALR hearing must be requested within 15 days from the date you received the notice of suspension. If you took a blood test, your “Notice of Suspension -Temporary Driving Permit” should be mailed to the address on your driver’s license once the blood test results have been requested, the “Temporary Driving Permit” is valid until an Administrative Law Judge makes a determination about your license. If you do not request a ALR hearing within the 15 days after you arrest, the “Temporary Driving Permit” is valid for 40 days from the date of your arrest, and DPS will send you notice of your suspension periods.
Question 22: I took a breath test and it was over the legal limit but I don’t feel I was intoxicated, what can I do?
Answer: Innocent people have been arrested for DWI and fought back by winning at trial. A breath test does not necessarily mean that you were in fact intoxicated. There are many variables in a breath test case, such as did the officer perform the test correctly or tamper with the machine, and was the machine functioning properly.
Question 23: Can I get deferred probation on a DWI so I won’t have a conviction on my record?
Answer: No. Deferred Adjudication Probation is not an option in a DWI in Texas. If you plead guilty or are found guilty and receive probation you will always have a conviction for DWI on your record for the rest of your life.
Question 24: I want to file for divorce in Texas, is it possible for me to receive alimony?
Answer: Yes. There are two circumstances which can qualify you to receive alimony or court ordered maintenance, as it is referred to in the Texas Family Code. The two circumstances are: (1) if you’ve been married for 10 years or longer and are unable to provide for your reasonable needs, and/or (2) if your spouse has been convicted of or received deferred adjudication for family violence within the two years before you filed for divorce.
Question 25: I have no idea where my spouse is, can I still get a divorce?
Answer: Yes. Each party of a case has to be provided notice of the case being filed and given copies of the documents that were filed. However, if your spouse cannot be located, you must show the Court that you have attempted to find out the whereabouts of your spouse and then you can ask the Court to give them notice by publication.
Question 26: How long does it take to get a divorce?
Answer: There is a statutory waiting period of 60 days after filing for divorce before the divorce can be granted. If the divorce is agreed to or uncontested, usually it can be done within that time. However, if there are contested issues it could take longer.
Question 27: I am a grandparent who wants custody of my grandchildren, can I get custody?
Answer: Yes. Grandparent’s rights have become more common place in Texas Family Law Practice. In some cases, the parents of the grandchildren will relinquish their parental rights voluntarily. Then we would file the proper paperwork with the court, and a hearing will be held on the issue. The Judge can rule at that time what is in the best interest of the children. In cases where the parents will not relinquish their parental rights, we would request a social study to be done in the home of the children. This study will provide a picture of the environment in which the children live, with this study the Courts can make a fair and just decision about the welfare of the children.
Question 28: I am divorced already, however I am owed back child support, can I ever receive my money?
Answer: Yes. Arrearage is the legal term used to describe back owed child support. We will file the proper paperwork with the court, and a hearing will be held on the issue. In many cases, the Court will order the person in arrears to make additional monthly payments, along with the standard child support amount.
Question 29: How is child support calculated?
Answer: Child support is calculated on a percentage of earned income based on the guidelines in the Texas Family Code. This percentage is then multiplied by the number of children in the suit. In some cases, insurance paid out of a paycheck is calculated in to the child support calculation. Any time the income is lowered or raised, we use the same program to refigure the new child support amount owed.
Question 30: Is alimony awarded often in Texas?
Answer: To be awarded alimony in Texas, you must have been married at least 10 years or your spouse must have been convicted of Family Violence. If you qualify under those provisions, you can request alimony. However, unless you have no significant assets or monetary support there will usually be no long-term alimony once the divorce is finalized. If you and your spouse agree to the alimony, then the alimony will be long-term after the divorce.
