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Frequently Asked Questions at Ben F. Windham

How do I know if I have a case?

An attorney from our firm will contact you and set up a live consultation in which he or she will advise you of the potential of your case.

How much are your fees?

The vast majority of cases are handled on a contingency fee basis. This means that the law firm simply receives a negotiated percentage amount of any amount collected through a settlement or judgment in your case. No Recovery, No Fees in all Personal Injury matters.

Any other civil litigation matters typically require an initial retainer for services.

Does your firm handle property damage claims?

If our firm takes your accident case with regards to the injuries you sustained as a result of the incident, we will typically help negotiate your property damage claims as a courtesy.

Should I give a statement to the Insurance company of the person that hit me?

No. You should not communicate with the at-fault party’s insurance carrier in a personal injury case until you have consulted with an attorney. Doing so may result in you accidentally hurting what would otherwise be a strong claim.

What is a wrongful death claim?

A wrongful death lawsuit alleges the decedent was killed as a result of negligence on the part of a third party, and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant’s conduct. A surviving spouse, children, beneficiaries or dependents are the only persons who can make a wrongful death claim.

What are some signs of nursing home neglect?

There are several signs that may indicate your loved one is being abused or neglected in their nursing home. Do they appear to have low self-esteem? Are there visible signs of bed sores, bruising, weight loss or weight gain? Are they taking medication that wasn’t prescribed by a family physician? These are only a few indications of potential nursing home abuse and neglect.

Who do I talk to first, the resident, or BEN F. WINDHAM, P.C.?

If you suspect a loved one is suffering from abuse or neglect in a nursing home or other elder care facility, be sure to carefully document the details of the situation, including names, dates and specific details. If possible, also take photographs of harmful situations or injuries, and contact us as soon as possible. No one should have to go through this type of abuse or neglect. We’ll discuss your options and find a solution to put a stop to the abuse by taking action against those responsible.

How do I find out if the death of a loved one could have been prevented?

Even if you are not entirely sure, you should consult a lawyer if you suspect a loved one died because of negligence or misconduct. BEN F. WINDHAM, P.C. will help you get all the facts you need to determine if someone is to be held responsible for a loved one’s death. If you suspect a loved one’s death could have been prevented, find out the truth. Call us right away. Time is very important in sensitive cases that involve wrongful death claims.


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