Frequently Asked Questions
The The Giatras Law Firm, PLLC strives to keep clients well informed. Please review our frequently asked questions and feel free to contact us for additional information.
- Should I provide a statement to an insurance company without a lawyer’s help?
- Will I have to go to trial to recover damages?
- What is considered “pain and suffering”?
- What determines the amount I might recover?
- Is there a minimum or maximum amount that can be recovered in a personal injury settlement?
- What is a typical settlement amount?
- What’s the difference between a felony and a misdemeanor?
- What is the “presumption of innocence”?
- If I am charged with a crime, will I have a trial by jury?
- If I am innocent, can I testify in my own defense?
- Should I contact an attorney if I’m under investigation but have not been charged?
- Do I need a lawyer at my arraignment?
- What kinds of criminal cases do you handle?
- Why should I choose your firm to represent me in a criminal case?
It is in your best interests to only provide your contact information to an insurance company until you consult with an injury lawyer. The more significant your injuries, the more imperative it becomes to seek legal counsel before providing any statement.
About 95 percent of personal injury cases filed settle prior to trial.
Pain and suffering includes harm caused by physical injury and mental anguish experienced through avoiding activities you engaged in prior to your accident and the potential of surgery.
Every case addresses three issues:
- Liability — establishing someone’s negligence
- Damages — the amount that will fairly and adequately compensate you for your injuries
- Source of collection — insurance or other assets from which damages can be recovered
An experienced lawyer reviews and interprets your case information to determine the appropriate value for your claim:
The goal is fair and adequate compensation for your injury and an experienced attorney will know what a reasonable jury would award. The strength of lay and expert witness testimony will likely influence the amount.
A misdemeanor offense is a crime that is punished by a maximum of one year in the county jail. Felonies are more serious crimes, which are punishable by more than one year in the state prison system.
Behaviors punishable only by fine, such as traffic tickets, are usually not considered crimes at all, but are infractions.
All people accused of a crime are legally presumed to be innocent until they are proven guilty, either via a trial or as a result of pleading guilty. This presumption means not only that the prosecutor must convince the jury of the defendant’s guilt, but also that the defendant need not say or do anything in his own defense. The presumption of innocence, coupled with the fact that the prosecutor must prove the defendant’s guilt beyond a reasonable doubt, makes it difficult, but unfortunately not impossible, for the government to put innocent people behind bars.
The U.S. Constitution gives a person accused of a crime punishable by a sentence longer than six months the right to be tried by a jury.
The 5th Amendment to the U.S. Constitution gives every criminal defendant the right not to testify, and jurors will be told that they cannot assume anything negative if the defendant decides to keep quiet.
A defendant may want to remain silent at trial if he has previously been convicted of a crime because a prosecutor may be able to bring out this information on cross-examination. Jurors also may harshly judge a defendant with a poor demeanor or may not believe one who is being truthful.
Absolutely. Representation at an early stage in a case can increase the odds of no charges or reduced charges being filed. An attorney also can protect your rights during the investigation.
The arraignment is where you first appear before a judge and enter a plea of guilty or not guilty to the offense charged. If you are represented by counsel, your attorney may attend your arraignment for you. If you are not represented by counsel, you must personally attend your arraignment. As in all serious legal matters, being represented by counsel assists with protecting your rights.
We handle all types of felonies and misdemeanors.
When you contact our firm regarding defense of criminal charges, our attorneys, not legal assistants, will discuss all aspects of your case with you, such as the potential defenses and sentences for the offense charged. There is no charge or obligation for you to talk to us, either by telephone or in person at our office. We have significant criminal defense experience and work to protect our clients’ rights. As defense lawyers, we conduct a thorough investigation, present an honest assessment of your case, and provide unparalleled representation.
Dealing with your personal injury or criminal defense matter may seem overwhelming. Trust The The Giatras Law Firm, PLLC in Charleston, West Virginia to handle it and provide you peace of mind. We offer a no-risk, free consultation, and evening and weekend appointments. We make home and hospital visits when necessary. Contact us. We can help.