Frequently Asked Questions

Home / Frequently Asked Questions

Personal Injury Frequently Asked Questions

Do I Need a Personal Injury Attorney?

Pursuing a personal injury claim can be difficult and insurance companies hire lawyers who appear nice to the judge and jury but who fight us at every step. For the best opportunity of obtaining the maximum amount of compensation to which you are entitled, it is in your best interest to seek representation from an experienced personal injury attorney. Halvorsen Klote can review your case and determine a course of action to bring about a successful resolution.


What Does It Cost to Hire a Lawyer for a Personal Injury Claim?

Personal injury cases are handled on a contingency fee basis. Payment for our legal representation is contingent on our reaching a successful case resolution in the form of either a verdict or settlement on your behalf. In the event of a successful case resolution, we will take a pre-determined percentage of the recovery as payment. If we do not obtain financial compensation on your behalf, you owe us nothing for our services. To learn more about your options, please contact Halvorsen Klote. today. Our personal injury lawyers can review your case and advise you of your legal options.


What Is My Case Worth?

Every personal injury case is different. Personal injury law covers a variety of legal areas. The amount of financial compensation you may be eligible for depends on the circumstances of your specific case. Here are some factors which will determine what your case is worth: past and future medical expenses, loss of income in the past and loss of ability to earn income in the future, past and future pain and suffering, debilitation, disfigurement, scarring, mental anguish, and loss of ability to enjoy life. This is not an exhaustive list but hopefully it helps you get an understanding of how your case will be valued.


How Long Does A Claim Take To Resolve?

Some claims are clear-cut with regard to liability, yet still may take several months to conclude with a settlement. Others are more complex, with the liable party making every effort to avoid paying a claim. They often engage the services of high-powered law firms to try to defend against a large claim, especially in cases of medical malpractice or product liability claims. Therefore, it really depends on the circumstances of your case and who the defendant is in your case.

 

It is important that you partner with an attorney familiar with these cases and with a proven record in litigating serious injury claims. Sometimes, a litigated case can take a while to reach a final resolution. However, the attorneys at Halvorsen Klote take an aggressive approach and are always very well prepared to get the case finalized as quickly as possible.


Is There a Time Limit to File a Lawsuit?

There is a statute of limitations, or time limit, for every lawsuit in both Illinois and Missouri, including personal injury lawsuits. You must file your claim within the statute of limitations. If you or someone you love has been injured as a result of the reckless and negligent actions of another party, we urge you to contact Halvorsen Klote as soon as possible. Preparing for a personal injury lawsuit can be a time-consuming process. If you hesitate to seek legal counsel, it can seriously jeopardize your chances of being justly compensated for your suffering.


What Constitutes Negligence?

Generally speaking, negligence is acting in a careless, irresponsible or unreasonable manner. When someone does not behave in the way of an “ordinary reasonable person” and does not meet what is considered to be acceptable behavior by society, they can be deemed to be negligent. It will likely be the responsibility of the jury during a trial to determine what this behavior is and whether the actions of the defendant meet these standards.


What If I Was Partly at Fault in the Accident?

If you were partly at fault, your burden of responsibility in the accident will be taken into account if and when we take on your case. Bearing part of the responsibility of the accident can limit the amount of compensation you obtain in a settlement or verdict, but it does not automatically eliminate your eligibility for compensation.


How Do I Pay Your Law Firm? I Cannot Afford Attorney’s Fees

At Halvorsen Klote, we take cases on a contingency fee. This enables people who ordinarily cannot afford to hire a lawyer, who cannot afford to pay a fee up front, to hire an attorney who takes a fee out of the recovery at the end of the case.

 

Why is this important? Because the other side, that is the defendant, will have its insurance company hire a law firm. The insurance company pays for the defendant’s lawyers.  The insurance company will pay the lawyers and their law firm hourly. That is, the defendant’s lawyers will bill for every hour that every lawyer at that firm puts into the case. Their lawyers get paid to spend more time on the case. They have an incentive to spend as much time as possible on the case and even to drag it out — and they always do. The lawyers on the other side of us only represent insurance companies or large corporations.  They have ongoing relationships with all of these companies and represent these companies on a regular basis. That is why you need a lawyer.


What If I Am Offered A Settlement?

If you receive a settlement offer soon after an accident by the insurance company directly, you can assume that it will be far lower than you could recover with the help of an experienced personal injury lawyer at Halvorsen Klote. We advise that you do not accept any settlement without having your case evaluated first.


Do I Have a Case?

If you have been injured as a result of the reckless, negligent and careless actions of another party, you can file a personal injury claim for damages. Individuals, businesses and governmental agencies have a legal responsibility to act in a manner that does not place others at unreasonable risk of harm or injury. If a party acts negligently and causes injury to another person as a result, he or she can be held liable for damages. At Halvorsen Klote, an Illinois or Missouri personal injury lawyer can help you file a personal injury claim if you have been injured at the hands of another party. In the tragic event of a loved one’s death, we can also assist you in filing a wrongful death claim.


Do You Need Representation


Call now for immediate assistance!

314-451-1314


Debt Collection Frequently Asked Questions

Under the FDCPA, can Debt Collectors pretend to send me something that looks like a lawsuit that isn’t?

No, Debt Collectors cannot do this! They have to treat you honestly and fairly under the FDCPA!


Under the FDCPA, can Debt Collectors use any deceptive means to collect a debt or attempt to collect a debt?

No, Debt Collectors cannot do this! Debt Collectors are constantly coming up with new ways to attempt to collect debts. In fact, Debt Collectors have recently started using Facebook when collecting debts. See this article for more information on how debt collectors are using Facebook to collect debts and/or harass consumers. http://www.msnbc.msn.com/id/40259999/ns/business-personal_finance/t/woman-doesnt-bill-collector-facebook/


Can Debt Collectors demand that I pay them more money than I owe?

No, Debt Collectors cannot demand that you pay them more money than what you owe. Of course, the amount you owe would include legal late fees, interest, etc.


Can Debt Collectors contact me after I file bankruptcy and are provided notice that I filed?

No, Debt collectors are not allowed to contact you after you file bankruptcy. If they do, let your bankruptcy attorney know immediately.


Can Debt Collectors threaten to take any action that they don’t intend to take against me?

No, Debt Collectors cannot threaten to take any action that they don’t intend to take against you. The FDCPA requires that they act honestly and respectfully when attempting to collect a debt!


Can Debt Collectors threaten to sue me if they are not an attorney?

No, under the FDCPA, Debt Collectors cannot threaten to sue you if they are not an attorney!


Can Debt Collectors tell me they are an attorney or work for a law firm if they don’t?

No, Under the FDCPA, Debt Collectors cannot lie to you or make any misrepresentations. If they tell you they are an attorney or work for a law firm and they don’t that is a violation of the FDCPA. If this has happened to you then you need to contact Halvorsen Klote right away. First, to make sure that the debt collector is not a law firm and second to protect your rights against collection agency harassment.


Can Debt Collectors call me on the same day over and over?

No, Debt Collectors cannot call you over and over for purposes of harassment!


Under the FDCPA, can Debt Collectors call me and insult me on the telephone?

No, Debt Collectors cannot insult you! You have the right to be treated with respect! If they insult you, they have violated the FDCPA and you should contact a consumer attorney immediately.


Can Debt Collectors use vulgar language when speaking with me?

No, Debt Collectors cannot use vulgar language, swear at you, be rude to you, treat you unfairly, etc.


Can Debt Collectors contact me once I am represented by an attorney regarding my debt?

No, Debt Collectors cannot contact you once you let them know you are represented by an attorney. If they do contact you afterwards, then they are violating Federal Law. If this has happened to you, you should contact Halvorsen Klote immediately.


Can Debt Collectors call me and threaten to put a lien on my property?

No, they cannot call you and tell you that they will put a lien on your property unless, and only under certain circumstances, they are an attorney or law firm and actually intend to put a lien on your property. Most of the time when debt collectors threaten this, they are doing it for purposes for intimidation and therefore it is a violation of the FDCPA.


Under the FDCPA, can Debt Collectors threaten to contact the police if I do not pay a debt?

No, generally speaking, Debt Collectors cannot threaten to contact the police if you do not pay a debt. This is similar to the previous question. If a Debt Collector is threatening this type of behavior, then they are most likely perpetuating a scam. Do NOT pay scam artists!


Can Debt Collectors call me and threaten that if I don’t pay I will be arrested?

No, Debt Collectors cannot threaten to arrest you if you don’t pay!  We find that the majority of debt collectors that are threatening to arrest consumers are scam debt collectors.  It is important that if a collection agency threatens to have you arrested you realize that, absent EXTREME circumstances, this will not happen.


Can Debt Collectors call me at work after I ask them to stop?

No, as stated above, Debt Collectors cannot call you at work if you ask them to stop calling you at work!


Can Debt Collectors call me at work?

No, Debt Collectors cannot call you at work if your employer prohibits personal calls and the debt collector knows this.  If debt collectors are calling you at work you should tell them to stop and document the time that you told them to stop calling you at work.  Collection agencies and debt collectors love to harass consumers at work because they know they are afraid of losing the jobs.  The debt collectors often assume if they make the consumers afraid of losing money by losing their job they will be more apt to pay.  This type of behavior is against Federal Law.


Can Debt Collectors call my friends?

No, generally speaking, Debt Collectors cannot call your friends or family members! Furthermore, it is a violation of the FDCPA if debt collectors disclose the fact that you owe a debt to anyone other than your spouse (if you are married). If debt collectors are calling third parties, contact us immediately. It is very likely that they are breaking the law.


Can Debt Collectors call me and tell me that they will garnish my wages?

No, Debt Collectors cannot call you and tell you that they will garnish your wages unless, and only under certain circumstances, they are an attorney or law firm.  Furthermore, if you don’t have an income, they cannot threaten to garnish your wages because you don’t have any.  Furthermore if your wages are exempt from garnishment (because they come from social security, etc.) then they also cannot threaten to have them garnished.  If you are being harassed by a debt collector contact Halvorsen Klote today.


Under the FDCPA, who qualifies as a “Debt Collector”?

Debt Collectors, under the FDCPA, are basically any company or person collecting a debt that they didn’t originate. So, generally speaking, Original Creditors (the company you borrowed the money from) do not qualify as debt collectors and are not subject to the FDCPA.


How much does it cost to hire an attorney to defend my rights?

Absolutely nothing! Since the Debt Collector will pay your attorney fees if you win, your attorney should be willing to handle your case on a contingency fee basis (meaning he/she only gets paid if you win) if he/she really believes you have a good case. At Halvorsen Klote, you won’t pay a dime to bring an FDCPA claim against a Debt Collector.


Free Case Evaluation

Contact Us Sidebar

Learn More

Schedule Your Free Consultation With An Experienced Attorney Ready to Represent You