Frequently Asked Questions
Q: What happens after I hire The Heilig Firm, PC, to represent me?
A: Mr. Heilig and Mr. Moreland screen each potential personal injury claim themselves. They do not rely upon a staff of paralegals or nurses. In the case of a motor vehicle accident or premises liability personal injury action, it may be that the firm could proceed to a lawsuit immediately upon review. However, in the case of a medical malpractice action, the next step is to have the medical records and other materials reviewed by a qualified, competent expert witness in the same or similar specialty as the potential defendant. That review will produce an opinion, and likely a letter authored by the expert witness. Should that expert feel that the case is meritorious, the firm is ready to proceed.
Q: How long can I expect the case to take?
A. In our experience, personal injury actions and, more specifically, medical malpractice cases, usually go to trial within one year of the filing of the lawsuit. This seems like a delay, but it is a function of lawyers’ schedules, and the court’s docket. During the course of that year, it will be necessary for Mr. Heilig, Mr. Moreland and the client to work together to gather all available information regarding the claim for presentation to the other side. Discovery will include the exchange of written questions, as well as deposition testimony. The firm will assist its clients in preparing for all of these matters, in order to present a potential settlement candidate to the professional liability carrier.
Q: What are the chances my case will go to trial?
A: Statistics have shown us over the years that the majority of civil cases do, in fact, end in settlement. This is because it is expensive for both sides to litigate the matter in court, and there are risks associated with a jury verdict that no one can predict. The focus of The Heilig Firm, PC, is to prepare the case so well that the defendant's professional liability carrier will be convinced early on that a settlement should be undertaken. Nevertheless, some insurance policies do provide the party that is sued a choice as to whether the claim should settle. If the defendant insists on a trial, a trial will happen within a year of the filing of the lawsuit. At trial, evidence in support of the client’s claim will be presented and a jury of seven will decide whether to award monetary compensation, and how much.
Q: How much can I expect to get out of my case?
A: The amount awarded in a settlement or by a jury at trial is determined by many factors. These include medical expenses associated with the injury, scarring and disfigurement, pain and suffering, lost wages, and general inconvenience associated with the injury or death in the family. There are no formulas to assign any value to a particular case. The assessment of value is made based upon the experience, knowledge and training of Mr. Heilig and Mr. Moreland. It is likely that a reasonable settlement value can be recommended during the course of discovery and pursued from the professional liability carrier. Predictions of jury verdicts are guesses at best. Throughout the course of the litigation, The Heilig Firm, PC, will provide you with guidance and recommendations regarding the value of your case.
Q: What should I do about my health care while my case is pending?
A: Our advice at The Heilig Firm, PC, is always to do the best you can to get well. Of course, should you pursue a medical malpractice case against your treating health care provider, it is unlikely that they will remain willing to assist you with your medical issues. As a result, we can always recommend physicians who enjoy a solid reputation in the community. The goal all along is to get well. Unfortunately, our jury system cannot assist the clients with that, but can only compensate you for monetary damages associated with the injury or death.
Q: Who do I talk to about my case as it proceeds?
A: There are only two lawyers at The Heilig Firm, PC, and we are not hard to find. Mr. Heilig and Mr. Moreland work on each case together and, if necessary, try each case together in court. As a result, your questions will be answered by a lawyer, not a staff member. There is no doubt that the staff will know about your case, as they assist us with every phase; however, your legal concerns regarding the merits, proceedings, evaluation, and conclusion of your case will be answered by a lawyer.
Q: How can I know that The Heilig Firm, PC, will get me the results that I deserve?
A: There are no guarantees regarding results in civil litigation. What The Heilig Firm, PC, can promise is that the years of experience and training associated with both the defense and prosecution of personal injury matters will be brought to bear in each and every case the firm decides to take. Mr. Heilig and Mr. Moreland are very careful in the selection of claims to be prosecuted by The Heilig Firm, PC. Should you and the firm decide to proceed with a complex civil litigation matter, including a personal injury or medical malpractice case, you can rest assured that it will be seen through to its end, either by a settlement or a trial. Nobody likes to admit they’ve made a mistake, particularly lawyers. As a result, once the case is filed, it will be prosecuted aggressively.
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