Commonly Asked Questions
Here are answers to the most common questions we are asked by potential clients.
How do you choose which cases you will take?
At Waddell & Magan we restrict the number of cases we take on, so that we can put the time into the development that each case deserves. We consider many cases, and we are not able to take on all of the potential clients that need legal help. If your case has merit, and we can help, we will take on your case. If we cannot, we will do our best to connect you to other attorneys who may be able to help.
Will I owe anything if I lose?
We generally take cases on a contingency fee basis. That means we only get paid when we win. If your case is unsuccessful, you will not be responsible for any of the costs incurred. Even though costs involved with a case can run anywhere from $20,000 to $300,000 and up, it costs you nothing unless there is a recovery.
How does Waddell & Magan get paid?
Our contingent fee is based on a percentage of the total amount of benefits we recover from the defendant or their insurance company on your behalf.
How much is my lawsuit worth?
No one can legitimately guarantee you a recovery. Each case is different. Each court and jury offer their own sets of opportunities – and problems. At Waddell & Magan, we believe that a meritorious case and a strongly applied work ethic will provide you with the results you deserve, every time.
How long will it take to resolve my case?
The length of your case varies. All lawsuits revolve around the trial date set by the court. And that is up to the court administrators and the workload the court is handling. As for settlement, that too is tied to the trial date. Not a comforting answer, but the accurate one.
What is a mediation?
A mediation is a settlement conference which takes place prior to a case proceeding to trial. Each side appears with their lawyer and appears before a person known as a mediator. A mediator is often a retired judge or a lawyer practicing in the community. Both sides present their cases to the mediator. All information contained in the mediation conference is confidential and cannot be used. If the parties are unable to settle the case during the mediation, then the case proceeds to trial.
My case isn’t in Montana. Can you still represent me?
Yes. The attorneys at Waddell & Magan are licensed in Montana, Texas and Pennsylvania. If you live outside of these states, we will bring in local counsel to work in association with us on your case. We travel. We know that injuries and the responsibilities of running a business can make travel difficult. If you can't come to us, we’ll come to you whether you are confined at home or in the hospital. While our office is now in Bozeman, Montana, we have represented people across the country. In some circumstances we may open a case for you over the phone or via the internet.
If my case goes to trial will I have to attend?
Yes. if there is a trial, you must attend.
Will I get to decide whether to settle my case?
Yes. You will make the decision to settle. You will be informed of all settlement offers, and you will be fully involved in participating in any settlement negotiations.
If we settle my case, how long will it be before I receive the settlement proceeds?
Generally speaking – very generally – it takes 30 to 60 days to receive settlement proceeds. There can be circumstances that extend this time period.