Probate

1. What is an Estate Plan?
   
   An estate plan varies from individual to individual. In most cases, it involves a Will, a Living Will, a Power of Attorney for Health Care and can include a Trust.
   
   
2. What is a Will?
   
   A Will is an instrument whereby a person's assets are divided according to the decedent's intent.
   
   
3. What happens if I don't have a Will?
   
   If you die without a will and you own any type of asset, a probate case is opened through the Court and the Court determines who will take the asset.
   
   
4. What is a Trust?
   
   A Trust is an instrument that can be set up while you are living to protect assets. It is simultaneously prepared with a Will.
   
   
5. What is a Financial Power of Attorney?
   
   This is an instrument that provides for another person designated by you to handle your financial matters in the event of your inability.
   
   
6. What is a Medical Power of Attorney?
   
   This is an instrument that provides for another person designated by you to handle your medical decisions in the event of your inability.
   
   

Personal Injury

1. I have just been in a car accident. What should I do?
   
   After any accident, you should immediately seek medical attention. It is best not to talk to anyone about your case before speaking to an attorney.
   
   
2. I have medical bills and lost wages ever since my accident, how can I recover for my losses?
   
   You should contact an attorney to represent you to review your case and determine if you can recover your out-of-pocket expenses as well as for your pain and suffering.
   
   
3. How long does a personal injury claim take?
   
   In some cases, a personal injury case can be settled within a matter of months, You should not settle for your injuries if you are still seeking treatment for your injuries. You should consult with an attorney who can negotiate a settlement on your behalf with the other party's insurance company and/or your own.
   
   
4. How long do I have to pursue a claim?
   
   In most personal injury cases, you have a two year statute of limitation in order to file a lawsuit. When suing a public entity, you must provide notice of your claim within six months. You should consult an attorney as soon as possible to procure your right to collect for your damages or injuries.
   
   
5. What is a deposition?
   
   In all personal injury and accident cases, your insurance company, the other parties' insurance company, police and ambulance personnel, hospital personnel, or the attorney for an insurance company will at some point want to talk to everyone involved in the accident. In most cases, these statements are recorded by audio tape and in some cases, a deposition can be scheduled. The deposition is an informal conference wherein the person being deposed is asked countless questions concerning the accident and other matters. You should consult an attorney before answering any questions or making any statements to anyone, including your own insurance company.
   
   
6. How much does it cost to hire an attorney?
   
   In most cases, personal injury attorneys handle cases on a contingency case. This means that the attorney does not collect a fee until the matter is settled, other than for reimbursement of costs. If you do not win your case, the attorney does not receive a fee.
   
   
7. How can I help the attorney with my case?
   
   You can assist your attorney by keeping him/her informed of your progress of treatment for your injuries. Your attorney will need to have information from you concerning all doctors and other medical providers who you have seen for your injuries to obtain copies of all medical records and statements. You can further assist your attorney by only discussing your case with him/her and providing any and all information to him/her at your earliest convenience.
   
   

Bankruptcy

1. Should I file bankruptcy?
   
   This is a decision that needs to be made after careful consideration. You should consult with an attorney to determine if your case qualifies for bankruptcy or if there are any other avenues you could take to avoid bankruptcy. Griffeth Law Offices does not charge for an initial consultation to discuss bankruptcy cases.
   
   
2. How do I stop the creditors from harassing me at my home and my job?
   
   Should it be determined that you are a candidate for bankruptcy, a bankruptcy can be filed and your creditors will be notified and by law, they cannot contact you during the pendency of your bankruptcy.
   
   
3. Can I keep my house and car?
   
   In most cases, you can file bankruptcy and arrange with the creditor to keep your house and car(s). You should consult an attorney before making any decisions concerning reaffirming on debts.
   
   
4. How much does it cost to file bankruptcy?
   
   The Bankruptcy Court currently charges $200.00 to file a bankruptcy. The attorney's fees are usually handled on a flat fee basis and vary depending on the extent of the bankruptcy. Once you consult with an attorney, fees will be quoted at that time.
   
   
5. How long does it take before the bankruptcy is discharged?
   
   In most Chapter 7 cases, the bankruptcy is discharged within 3 or 4 months. There is usually one court appearance the party must attend and a trustee is appointed to handle the matter. Once the trustee has received all of the information necessary and the 341 hearing has been conducted, the discharge can be ordered by the Court.