Civil Litigation Attorneys
The attorneys of Forghany & Associates are not general practice lawyers; we are skilled business litigators who represent clients throughout the state in civil litigation matters. We provide the same level of personalized service to all clients but recognize that every client is different and every business is different. Thus, we customize our approach to meet our clients' needs and expectations.
-
Products LiabilityCollectionsMediationBreach of ContractBusiness TortsUnderstanding Fees
Your Answers
The attorneys of Forghany & Associates are not general practice lawyers; we are skilled business litigators who represent clients throughout the state in civil litigation matters. We provide the same level of personalized service to all clients but recognize that every client is different and every business is different. Thus, we customize our approach to meet our clients' needs and expectations.Every day thousands of consumers are killed or maimed by dangerous products that are abundant in our society. Automobiles, contaminated foods, drugs, industrial machinery and even household appliances can cause devastating injuries or death. Yet, product liability cases are among the most challenging cases for a client to pursue. Frequently the opponent is a large corporation that can raise technical defenses with vast resources at their disposal. Any law-firm taking on these cases must possess the resources, experience and personnel to properly protect their client's rights.Applying Technology to Collections If there is a dispute about the amount of the debt or whether it is secured or unsecured, we advise the client of all available collection options. Our use of technology is of particular benefit to our creditors' rights clients. We use public records databases that allow us to locate people and assets throughout the country. When the public record trail runs out, we rely upon a very efficient and investigative outside team of investigators. To learn how we can assist you with creditors' rights matters, please contact Forghany & Associates at the phone number or e-mail address listed above. Title insurance change toAlternative Dispute Resolution Lawyers
The attorneys of Forghany & Associates have experience with all forms of alternative dispute resolution and participate regularly in successful ADR proceedings to achieve results for our clients efficiently and cost-effectively. We represent clients in binding arbitration and non-binding mediation with private ADR providers and through the state and federal court systems. We have also conducted mini-trials to assist our clients in evaluating cases with significant exposure.
Mediation
Mediation is a very effective alternative dispute resolution tool. Mediation provides parties with an opportunity to resolve their dispute in an informal setting and with the assistance of a skilled, neutral third party. Even if the matter is not resolved at mediation, the process has other advantages, such as (1) the creation of momentum that leads to settlement; (2) the opportunity for a party and its attorney to evaluate the strengths and weaknesses of one's case and the potential risks of further litigation; and (3) narrowing the issues for trial.
At Forghany & Associates, our lawyers know how to maximize the value of a mediation because we know when to conduct mediation, how to select a mediator, how to prepare our clients for mediation, how to present our case at mediation and how to close the deal.
The Ins and Outs of Mediation
Even though mediation is non-binding, successful mediation requires that all parties and their counsel be committed to the process. Counsel must be more than just an advocate for the client. Counsel need to be well-prepared, patient and creative.
Our Attorneys always prepare a concise but comprehensive mediation statement and provide it to the mediator in advance of the meeting. We spend sufficient time with our clients preparing them for the mediation. We review the key documents and the strengths and weaknesses of the case with our clients well in advance so there are no surprises and our clients are able to make informed, rational decisions at mediation. When we settle a case, we do not leave the mediation without an executed Settlement Agreement.
When conducted properly, alternative dispute resolution offers a cost-effective option to the risk and expense of litigation. Our attorneys treat everything we do for every client very seriously and our efforts often produce an opportunity to resolve the dispute favorably at mediation or at the very least, provide a meaningful and productive experience for our clients.
To learn more about our approach to resolving disputes prior to trial, please contact an attorney at the Law Firm of Forghany & Associates.Breach of Contract The Civil litigation Attorney's of Forghany & Associates are prepared to represent individuals and businesses in a variety of civil matters in courts throughout Connecticut whether it is a lengthy jury trial or a single-day proceeding. At this firm we are professionals who are dedicated to finding practical, workable solutions to your civil litigation needs. We handle disputes ranging from simple breach of contract to complex unfair trade practice cases. Whatever need presents itself, our primary concern is to provide you the best representation possible.
Contracts between individuals, between business and between individuals and business may be of many types. They may be express contracts, which may be in writing or oral. Even express contracts may include implied obligations not spelled out in the express language of the contract, such as the implied duty of good faith and fair dealing. The circumstances of the parties may also give rise to an implied contract, such of the implied contract to pay for services requested with the understanding and expectation that payment for them would be made. The firm has extensive experience in litigating breach of contract claims on behalf of both plaintiffs and defendants in a wide variety of situations.BUSINESS TORTS
Duties between parties in business relationships are not limited to those created by contracts. Both statutes and the common law may impose a number of duties on those involved in business relationships, such as the duty to exercise reasonable care, fiduciary duties, duties to protect trade secrets and other confidential information, duties not to defraud or misrepresent, and duties not to engage in unfair competition.Understanding Fees There is no such thing as a "standard fee." Clients and attorneys negotiate fees based on several factors, including the lawyer's overhead and reputation, the type of legal problem, and what other local lawyers charge for similar work. There may be a local "going rate" for a certain type of job such as doing a trademark search, handling an eviction, filing a bankruptcy, or preparing a living trust. But there will still be lawyers who charge more and those who charge less.
Hourly fee. It's most common to pay lawyers by the hour. If you're paying by the hour, you need to know:
the hourly rates of the lawyer and anyone else in the lawyer's office (paralegals, for example) who might work on the matter. whether you must pay a deposit in advance (often called a retainer) and if so, how much. Flat fee. For some well-defined tasks, such as writing a simple will, a lawyer may charge a flat fee. Just be sure you know what's included in the basic fee and what's not.
Contingency fee. A contingency fee arrangement is one in which the lawyer gets paid only if you win your lawsuit. Contingency fees are often used in personal injury and employment cases. If it's clear that you or your property were seriously injured and another person who is covered by insurance was at fault, a contingency fee may be less advantageous to you. A contingency fee can be a good deal when the attorney is taking a big risk, but not when little risk is involved. Again, it pays to talk with more than one attorney.
If you're asked to agree to a contingency fee, you need to know:
what percentage of any award the lawyer will take whether that percentage will change over the course of the lawsuit (some lawyers collect a higher percentage if the case goes to trial than if the case settles out of court), and how the lawyer will collect the money.
Also find out who will pay for miscellaneous expenses such as court fees, fees charged by experts, process servers or stenographers, copying costs, travel expenses, or messenger fees. (These costs can really mount up if a case goes all the way to trial.) If you must pay for some or all of them -- and it's common for the client to do so -- find out when you'll be expected to pay them. Some lawyers in contingency fee cases will front the money for costs; if the client wins, the lawyer is reimbursed from the award, but a client who loses has to figure out some way to pay back the lawyer.
Contingency fees reflect the fact that there can be a lot of uncertainty in litigation, and the lawyer is taking a chance on your case, including fronting the costs and spending significant amounts of time. A contingency fee can be a good deal for you when the attorney is actually taking a big risk. A contingency fee may be less advantageous to you when it's quite clear that you or your property were seriously injured and another person who is covered by insurance was at fault. You may want to talk with more than one attorney to see whether you can find someone who will work with you on an hourly basis or for a lower percentage.Finding A Personal Injury Lawyer
Finding a good personal injury attorney to help you with your accident or injury claim. If you're facing a particularly serious or complicated injury claim, you'll probably need a personal injury lawyer's advice. You shouldn't turn to just any lawyer for help; look for someone who has experience representing injured folks (called "plaintiffs") in personal injury claims -- and whom you feel that you can trust. Here at Forghany & Associates we are that Law Firm you can Trust.Finding Experienced Lawyers
There are several ways to get referrals to experienced plaintiffs' personal injury lawyers. Once you get referrals, be sure to comparison shop. Get the names of several lawyers and meet with each of them to discuss your claim before you decide to hire someone. And be prepared for rejection. Many lawyers do not take cases if they fall below a certain potential recovery amount, or if the claim is not crystal clear.
I've been hurt in an accident and I want to file a claim for my injuries. What's the first thing I should do?
There are a number of things you can do in the first few days and weeks after an accident to protect your right to compensation should you want to file an injury claim. Except for filing a formal claim against a government entity, there's no single step that you absolutely must take to obtain a fair settlement, and no set order in which you must proceed. However, the more of the following suggestions you can follow, the more smoothly your claim process is likely to flow.
- Write down as much as you can about the accident itself, your injuries, and any other losses (such as wages) you've suffered as a result of the accident.
- Make notes of conversations that you have with people involved in the accident or the injury claim. (For more details on what notes to take.
- Preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs.
- Locate people who witnessed the accident and who might be able to help you prove your case (for information on how to locate witnesses.
- Notify anyone you think might be responsible for the accident of your intention to file a claim for your injuries.
Unless you're filing a claim against a government agency or employee, you need not notify the people you think are responsible for your injuries within a set number of days after an accident. But that doesn't mean you should drag your feet. On the contrary, acting right away -- within a few days, if possible -- will increase your chances of receiving a quick and fair resolution to your claim.
Giving notice doesn't obligate you to file a claim; it simply preserves your rights and prevents others from later saying that your claim is unfair because you waited too long to tell them about your injuries. If you promptly notify others that you intend to file a claim for your injuries, you can then move at your own pace in processing and negotiating the claim with the insurance company or government agency that winds up taking responsibility.
What is the deadline for filing an accident injury claim against a government entity?
If your accident might have been even partially caused by a government entity or employee -- the city, county, state, or federal government, or any public agency or division (a city bus or a school district, for example) -- you must file a formal claim within a short time after your accident. This period of time usually ranges between 30 days and one year, depending on your state. If you fail to file a claim within the time limit, or fail to include required information in your claim, you may forever lose your right to collect compensation.
To find the time limit for your state, call your city or county attorney's office and ask. Although they may be the ones defending against your claim if you file it, they are under a legal obligation to give you correct filing information.
Is there a deadline for filing a lawsuit to recover compensation for my injuries?
If you have no success reaching a settlement with an insurance company, you may be forced to consider bringing a lawsuit in small claims or other court. But you must be aware of the laws, called "statutes of limitations," that limit the time in which you have to file. If you miss your state's deadline, you will lose your right to recover compensation in court, and will be forced to abandon your claim altogether.
Copyright (c) 2009. All rights reserved. Forghany LawThe following is the legal and privacy policy of Forghany and Associates, hereinafter referred to as The Firm Legal Disclaimer
Unless otherwise indicated, our Massachusetts Attorneys are Not Certified by the Commonwealth of Massachusetts Board of Legal Specialization in the areas of practice listed on their profiles.
Attorney Client Relationship
The materials on this web site are intended for informational purposes only. The materials on this Web site are not intended to be, nor should they be interpreted as, legal advice or opinion. The reader should not consider this information to be an invitation to an attorney client relationship, should not rely on information presented here for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction. Transmission and receipt of the information in this site and/or communication with the Firm via e-mail is not intended to solicit or create, and does not create, an attorney-client relationship between the Firm and any person or entity.
Transmission of Information
Electronic mail or other communications through this site or otherwise to the Firm or any of its lawyers in connection with a matter for which we do not already represent you may not be treated as privileged or confidential. If you choose to contact us through this Web site, you should be aware that any information transmitted electronically may not be secure.
Legal Warranty
The content of this web site contains general information and may not reflect current legal developments. Such content is designed only to give general information on the developments actually covered. It is not intended to be a comprehensive summary of recent developments in the law, treat exhaustively the subjects covered, provide legal advice or render a legal opinion. Since the law is constantly changing and since the law will vary based on different facts and circumstances, statements on this Web site regarding the status of a given law or legal issue may not be current or applicable to your particular situation. You should not take any action based on the information in this Web site.
Bar Membership
Although this Web site may be viewed from any of the 50 United States of America and territories, as well as any country, the Firm primarily practices in the State of Commonwealth of Massachusetts. Lawyers named in the web site may not be authorized to practice law except in jurisdictions where the Firm maintains offices.
Links
This web site occasionally contains links to other web pages; however, the inclusion of such links does not constitute referrals or endorsements of the linked entities. Links to organizations and governmental agencies are provided as a convenience to our readers. The Firm does not endorse and is not responsible for any third-party content that may be accessed from its Web site and does not recommend or endorse the use of any third-party's services. The links are to be accessed at the user's own risk, and the authors of this web site make no representations or warranties about the content of these links.
Liability
The Firm assumes no responsibility for computer viruses resulting from use of our Web site. Under no circumstances, including, but not limited to, negligence, shall the Firm be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this web site, even if the Firm has been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend and hold harmless the Firm and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the web site and any violation of these Terms and Conditions by you.
Jurisdiction
By accessing this Web site, you agree that any disputes or matters arising out of or related to your viewing or use of this Web site shall be governed under the laws of the State of Commonwealth of Massachusetts without regard to the conflict of laws.
Changes
The Firm may change these policies at any time without written notice to users. The changes will become effective upon posting of the changes to the web site.
Last Update
These Terms and Conditions were last updated on August 8, 2009.