FAQs

The following are a list of questions people most frequently ask:

HOW DO I CHOOSE A LAWYER TO REPRESENT ME?
The fact that you are reading the information for Fehseke & Eschman Law offices on this website shows that you are interested in the best possible representation. Compare the credentials of various law firms in published materials such as these, paying attention to their areas of practice. Once you have formed preliminary ideas of the best firm for your needs, make inquiries into the particular area with regard to the law firm. The reputation enjoyed by a firm in its areas of practice is one of the most important factors for you to consider when choosing the best lawyer for your needs. If you are satisfied with the firm’s published credentials and its reputation, then arrange a meeting with one of the attorneys. Although a preliminary telephone conversation may be desirable because of time or distance restraints, a face-to-face meeting with your attorney is essential. You will want to make a decision as to whether or not you wish that attorney to represent you. Likewise, the attorney will want to meet with you, learn the facts of your case, confer with his/her partners, and make a decision as to whether or not the firm is willing to represent you.

WHAT SHOULD I EXPECT AT MY FIRST MEETING WITH FEHSEKE & ESCHMAN LAW OFFICES?
At our first meeting, you will visit personally with at least one of our attorneys. We will ask you questions about yourself and the facts surrounding your potential claim. We will also discuss a fee arrangement between you and our firm. A paralegal, legal assistant, or another employee will not interview you. All contacts between our clients and our firm are conducted on a client-attorney basis, with the exception of scheduling appointments and signing routine documents which have been prepared by us. If you are visiting with us about a personal injury matter or a malpractice claim, it will be helpful if you bring to our first meeting any written material you might have concerning medical bills, records, doctors’ opinions, accident reports, statements, and any other documents you wish to discuss. Don’t worry about getting all of this information if you don’t already have it. If we undertake your representation, we will obtain that information for you.

IF I AM INVOLVED IN AN ACCIDENT, OR IF I HAVE A MEDICAL MALPRACTICE CLAIM, SHOUD I VISIT WITH MY OWN INSURANCE COMPANY?
Most medical insurance policies and automobile insurance policies have "cooperation" clauses which require people covered by the policies to work with insurance companies at least to educate the company’s agents about what happened that may give rise to an insurance claim and who may be able to make an insurance claim. Therefore, you may have no choice but to visit with a representative from your own insurance company. However, in your first contact, be sure to ask the person your are talking with:

1)

Whether that person is a representative of your insurance company and not the other party’s;

2)

Whether your insurance company also insures the other party and, if so, whether that person can assure you that the information you share with him or her will not be used against you or for the benefit of the other party. If that assurance cannot be made, suggest that you wish to have your attorney present at any further interviews. Such an interview can be arranged within a relatively short period of time. Your insurance company should not object to that procedure.

SHOULD I VISIT WITH THE OTHER PARTY’S INSURANCE COMPANY OR ANY OTHER REPRESENTATIVE OF THE OTHER PARTY?
No! An insurance company representative or any representative for the other party is working for the other party, not for you. If possible, consult our firm before visiting with any of these people. We will advise you not to discuss any matters with them, not to give any statements to them, written or recorded, and not to provide them with a medical authorization (which allows them to access your medical records and bills). Our firm will conduct further discussions with the insurance company representative or any other representative of the other party.

WHAT DO I DO IF I ALREADY TALKED TO THE OTHER PARTY’S INSURANCE REPRESENTATIVE OR OTHER PERSON, OR IF I HAVE ALREADY GIVEN A STATEMENT OR SIGNED A MEDICAL AUTHORIZATION?
Once we have visited, if we undertake your representation, we will immediately contact the insurance company for the other party and advise that it is to have no further contacts with you, that the medical authorization you have signed is revoked, and that it shall not contact you again. Then, we will notify your doctors that you have revoked your medical authorization to the other party and we will instruct the insurance company for the other party to have all further contact with our office.

WHAT IS YOUR NORMAL FEE ARRANGEMENT?
Most personal injury and medical malpractice cases are handled by our firm on a contingency fee basis of one-third of any amounts recovered, whether by settlement or by trial. In addition, we seek reimbursement of any out-of-pocket expenses that we might pay for you, such as the cost of your filing fees, the costs of obtaining medical reports, and the costs associated with taking depositions. We will discuss those costs at our initial interview and try to give you an estimate or range of the costs which you would likely incur at various stages of our representation. Work on other legal matters is billed on our hourly rates ranging from $160.00 to $260.00 per hour.

CAN YOU GUARANTEE THAT I WILL WIN MY LAWSUIT?
If a lawyer should guarantee you that you will win a lawsuit, you have chosen the wrong lawyer! The majority of claims are settled, after negotiations, when competent counsel equally represents both sides. The lawsuits that end up in Court are those that could not be settled and in which there are close questions regarding the facts or damages in a particular claim. After a thorough investigation and after conducting full discovery of the facts through pre-trial procedures, we can express an opinion to you as to whether or not we believe the outcome of your trial will be favorable or unfavorable. We cannot guarantee that you will win. We can guarantee that we will give you the best representation possible and that we will consider every legal and factual issue your claim involves. We proudly stand on our "track record."