Questions potential clients ask us.
Answer: Nearly all of our cases are taken on a contingency fee basis. Meaning, we do not get paid unless we collect money. For this reason, we only take cases that we believe have a very good chance of success. Ninety-five percent of our clients receive compensation.
Answer: Cases that are filed in Milwaukee county and Waukesha county are usually resolved in eight to nine months. Cases filed in Washington County & Ozaukee County often take a year and a half to resolve. Cases filed in Kenosha, Racine and other counties typically are resolved in less than a year.
Answer: The time requirement of clients is usually very minimal. Some written questions will need to be answered by the client. A deposition may be required, which can take an hour or two of the client’s time. Most courts order mediation, which usually takes two or three hours. The client’s total time involvement in a lawsuit is usually less than ten hours if the case doesn’t go to trial.
Answer: Since real estate cases are more difficult to settle because the defendants usually don’t have insurance, a higher percentage of cases end up in trial. Even so, less than one in ten cases end up going to trial.
Answer: Costs paid by the client in the average case runs around $1,000.00. The filing fee is $295.50, deposition costs are often $300/$400, an expert report can be $300/$400, and mediation costs usually run around $300.
Answer: In deciding whether to settle the case, the total damages must be considered. Then each party must evaluate his or her chance of winning. The final factor that must be considered is the collectability of the defendant. The defendant's financial situation is certainly a factor, especially if he or she may file bankruptcy. Once these factors are analyzed, the real question for the plaintiff is, how much money will he or she take to avoid the risk of going to trial and possibly ending up with nothing? That is the target settlement amount.
Answer: Absent frivolous lawsuits, the only risk to the party filing a lawsuits that they may have to pay the other side’s costs if they lose the case. If they lose, they could possibly be responsible for $1,000-$2,000 of the other side’s costs.
Answer: The average jury trial takes two to three days, rarely going less than two days or more than three days.
Answer: Usually the most important evidence is photographs. It is important to take good clear photographs showing the problem at issue. Talking to neighbors, tenants and repairmen can also help with the case. Having an expert witness is also very important.
Answer: If the defendant attempts to contact you directly, you should inform the defendant that you are represented by counsel and direct the defendant to contact your attorney and to cease having any further contact with you.
Answer: After a defendant is served in a real estate lawsuit, the first thing they often do is drive by the house to look at the house especially for maintenance issues. Gutters should be clean, downspout extensions hooked up, and the grade around the perimeter of the house should be well maintained. You can also expect the defendant to contact neighbors or other potential witnesses in the area.
Often clients are required to make their home available for inspections but, this should be coordinated though our office.