Employment Litigation [cont'd 3]
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Most important fact to take away from this discussion:
Impediments are erected at every stage to keep the claims from being heard. Any misstep could cost you your case. Remember, you have only 180 days, or roughly 6 months, to file your complaint with the Human Rights Bureau, if you do not file in time, your case is over, no matter how you have been harmed.
Once you receive a "right to sue letter," there is still chance to lose because even after having gotten so far, you then have only 90 days to file in district court. Again, if you do not make the deadline, you lose, no matter how bad the employer was, or how hurt you are.
See the State's Human Rights Bureau Process, which illustrates how your claim will travel through the system.
Will I owe anything if I lose?
No. Generally, if we represent you on a contingent–fee basis, and your case is unsuccessful, you will not be responsible for any of the costs incurred. However, there can be confounding issues that preclude a "pure" contingency fee.
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, if applicable, their insurance company on your behalf.
How long will it take to resolve my case?
The length of a 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 usually tied to the trial date.
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.
What if my case occurred outside of Bozeman?
Although Waddell & Magan is located in Bozeman, Montana, our attorneys practice throughout the state and are licensed in other states.
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 your case is outside of these states, we will bring in local counsel to work in association with us.
For background information on our firm and its lawyers, please tour our site. And don't forget to see our information on handling the legal aftermath of fires, tornadoes, and other disasters.
There is no charge for an initial consultation.
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