Q. Tell us about yourself and your practice.
A. I am a trial lawyer who specializes in personal injury and business litigation cases. I am board certified both in civil trial practice by the American Board of Trial Advocates and professional malpractice by the American Board of Professional Liability Attorneys.
Very few attorneys have these certifications beyond their license, to practice law in any given state.
Q. Does your office offer paralegal services for simple forms and filings?
A. Our office does offer paralegal services and we do strive to provide the most cost effective legal services for each matter. We also have a number of other professionals on staff, who help to deliver cost effective and more comprehensive representations. These professionals include investigators, medical clerks and lawyers with joint law and MBA and/or accounting degrees.
Q. Do you offer initial free consultations?
A. We offer a free initial consultation for nearly every matter from personal injury, wrongful death or setting up a new business. On personal injury and wrongful death matters there is no fee if there is no recovery. The fee is typically a contingent amount in a range of 30 to 40 percent depending on the complexity of each matter.
Q. What is the process to file a personal injury lawsuit?
A. A personal injury lawsuit should be filed,only after there has been a thorough investigation of the facts and then a complete analysis of the law as it relates to those facts. You should always make sure that you are filing a meritorious claim and against the proper parties and in the proper court. Failure to do any one of those things can result in dismissal or missing the statute of limitations or sanctions.
Q. What type of personal injury claims are there?
A. LaMarca & Landry P.C. has had experience in personal injury cases arising out of almost every conceivable manner, in which the negligence or wrongful act of one party can cause injury or death to others. For example while we routinely handle motor vehicle collisions and defective premises (apartments, department stores, malls, auditoriums etc.) we have also handled numerous cases involving railroad crossing collisions, fires and explosions, defective design and/or maintenance of elevators and escalators, defective products, daycare and nursing home neglect or abuse, medical malpractice, industrial and construction, site injuries and workers’ compensation claims as well as private plane and helicopter crashes and commercial aviation incidents.
Q. How do legal fees work for most cases?
A. See the above.
Q. From a legal standpoint what is the meaning of pain and suffering?
A. Pain and suffering are the consequences of injuries received in a personal injury/ medical malpractice event. The law allows a jury to assess a monetary sum to compensate a person for pain and suffering resulting from physical injury wrongly inflicted.
Q. What happens if the person does not live in the state where his/her injury took place?
A. Typically a person must file a lawsuit in the state and county where his/her injury took place or the defendant (wrongdoer) resides.
Q. How soon should one file a lawsuit?
A. Every type of lawsuit has a statute of limitations. That is the time period after which you cannot bring a claim irrespective of its merits. While there are some exceptions (particularly when suing governmental entities) in Iowa, generally a personal injury or medical malpractice lawsuit must be brought within two years of the date of injury. There are some very limited circumstances which can extend that time period; however, it is not wise to wait for long to see an attorney, so that you will be certain of your rights while you still have them. Some states have a one year statute and other states have three years, four years and six years as their statutes of limitations. |
