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Frequently Asked Questions

Q: How much does the McLean Law Firm charge for a consultation?

A: Our initial consultations are free.

Q: How much does it cost to hire the McLean Law Firm?

A: We take most cases on a contingency fee. Our fee is a percentage of your recovery. That means we share the risk of losing with the client. If we win or settle your case, we get paid. If we lose, we do not get paid.

Q: How does the McLean Law Firm decide whether or not to take a case?

A: We take only cases we believe we can win at trial. Accordingly, we often conduct an independent investigation of the facts surrounding the case before we agree to represent a client. Because we are a small firm, we have to be selective.

Q: If I hire the McLean Law Firm, will I have to go to court?

A: We prepare every case as if it's going to trail. Each of our clients must be prepared for that possibility. We believe insurance companies will only pay the highest value on a case if they know we are ready and willing to try the case. A large percentage of civil cases, however, are resolved before trail.

Q: How long do I have to file a law suit?

A: Every case is governed by a statute of limitations – a time limit – for settling the case or filing a law suit. If a case is neither settled nor filed within this time limit, the claim is barred forever.

The time limit depends upon the nature of the claim & jurisdiction where the claim arose. For example, the Kansas Statute of limitations for an injury claim based upon negligence is generally two years. The Missouri statute of limitations for that type of claim is generally five years. Other types of claims may have statutes of limitations as short as 90 days or as long as 10 years, or even longer.

The important thing to keep in mind is that, whatever the legal matter involved, there is a time limit for taking action. Sometimes that time limit is shorter then you might have imagined or heard. Questions about what statute of limitations applies in your particular case can only be answered on a case-by-case basis by a licensed attorney.

Q: How long does a lawsuit take?

A: Each case is different. Once a lawsuit is filed, it typically takes six months to two years before a case goes to trail.

Q: What is a “personal injury” case?A: When a person is injured by the negligence or intentional act of another, the injured party may have a personal injury claim. Personal injury claims can arise out of car collisions, construction accidents, criminal acts, defective products, animal attacks and unsafe conditions on another's property.Q: What is “medical malpractice”?

A: Medical malpractice is a mistake committed by a professional health care provider – a doctor, nurse, dentist, technician, hospital or hospital worker – that causes harm to a patient. In order to be actionable, the heath care provider's conduct must depart from the standard practice of those with similar training and experience.

Q: What is a “wrongful death” case?

A: Wrongful death generally describes a claim that someone's wrongful conduct caused death of another. This type of claim is generally pursued by a close relative – an heir of the person who was fatally injured.

Q: How much is my case worth?

A: No one can tell you what your case is worth without a full investigation of the facts and a thorough review of your medical and employment records. Every case is different and must be evaluated on its own unique facts. The general categories of damages available for a person who is injured include:

  • Medical expenses, past and future . The expense must be shown to relate to the injuries caused by the wrongdoer. Usually an expert, such as a doctor, is necessary to testify about the cause of the injuries; the necessity for treatment and the reasonableness of the medical charges.
  • Lost wages, past and future : Again, it must be proved that any lost wages are related to the injuries caused by wrongdoer. An economist is commonly required to prove future lost wages.
  • Physical or mental disability : This is an element of damage designed to compensate for loss of function of the mind and/or body in the past or future. While this type of damage is not subject to a particular mathematical calculation, juries often take into account factors such as impairment ratings, medical restrictions and estimated life expectancy.
  • Pain and suffering, past and future: this element of damage is to compensate for the pain and suffering caused by an injury. While this type of damage is not subject to a particular mathematical calculation, juries often take into account factors such as frequency of pain and estimated life expectancy.

Q: What are punitive damages?

A: Punitive damages are designed to deter and punish conduct that the court deems to be outrageous and intentional, willful or extremely reckless. Punitive damages are not awarded in cases involving only negligent or careless conduct.

Q: How do I pronounce Roger's last name?

A: It is spelled McLean however pronounced like McLain. Common miss- spellings include: Roger Mclean, Roger McClean, Roger Maclean, Roger McClain, Roger McLain, Roger Mclain, Roger Maclain and Roger MacLain.