Frequently Asked Questions

At Powell & Majestro P.L.L.C. of Charleston, West Virginia, we know that the decision to bring a lawsuit is not made lightly. We guide you and advise you every step of the way.  Here are answers to some questions that are often asked by our clients or prospective clients. 

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What does it take to bring a class action lawsuit?

To obtain class action certification, a motion must be brought to the court.  The motion is granted only if it demonstrates that numerous plaintiffs share a common question of law or fact typical across the whole class.  Attorneys representing the class must be qualified and without conflicts of interest.  The motion must also show that a class action is preferable because separate actions by individual members could pose problems for the whole class.

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Can a debt collector contact other people or my employer about my debt?

If you tell the debt collectors that you cannot get calls at work, they are not allowed to call you there.  Once you hire legal counsel, the debt collector should only contact your lawyer about your debt.  If you have not yet hired an attorney to represent you, the debt collectors are not supposed to discuss your debt with other people.  However, they are allowed to ask questions to find out your address, your home phone number or to find out where you work.

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How long will my lawsuit take?

There are many steps that your lawsuit goes through before it can be concluded by settlement or trial.  Some of the steps take place between the attorneys without the clients.  Each step takes time and some jurisdictions have so many cases that the court calendars are backlogged.  Your case starts with discovery proceedings and then moves on to depositions and motions.  Eventually there are trial conferences and settlement conferences.  If the case goes to trial, the trial calendar takes time, too.  Many clients decide to accept a settlement offer negotiated by their lawyers rather than go to court.

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Should I provide a statement to an insurance company without a lawyer’s help?

It is in your best interests to only provide your contact information to an insurance company until you consult with a lawyer. The more significant your injuries, the more imperative it becomes to seek legal counsel before providing any statement.

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What is a typical settlement amount?

An experienced personal injury lawyer reviews and interprets your case information to determine the appropriate value for your claim: 

  • Incurred medical bills
  • Future medical bills
  • Loss of past income
  • Your age
  • Permanent limitations caused by the injury
  • Impact on future earning capacity
  • Activities you can no longer do
  • Activities you can do but no longer enjoy
  • Prognosis for further problems
  • Strength of witness testimony

The goal is fair and adequate compensation for your injury. An experienced attorney knows what a reasonable settlement should be. The strength of the case your lawyer builds is likely to influence the amount.

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What determines the amount I might recover?

Every case addresses three issues: 

  • Liability—establishing someone’s negligence
  • Damages—the amount that fairly and adequately compensates you for your injuries
  • Source of collection—insurance or other assets from which damages can be recovered

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