FAQ - Frequently asked questions

Q. Is there any charge for an initial case review?

A. With very limited exception, the Foster Law Firm does not generally charge a client to review a client’s case. The lawyers at Foster Law Firm are more than willing to expend a reasonable amount of time to review a case to determine whether there is enough merit to the case to warrant going forward. (There is never a charge to review an ERISA or insurance case, but on some other employment type cases, such as wrongful discharge, there may be a nominal fee to review materials or provide an opinion.)

Q. If it is determined by the law firm that I do have a valid case and if I choose to pursue that case, then what is the typical fee arrangement?

A. Typically, Foster Law Firm handles cases on a contingency fee basis. Occasionally, there are exceptions where Foster Law Firm will handle matters on an hourly basis or for some flat fee, but the vast majority of the cases handled by the firm are handled on a contingency fee basis. Contingency fee means that the client does not pay any fee until money is recovered. The amount of the fee is based upon a percentage of the gross recovery which is agreed upon in writing at the outset of the representation and is computed before the deduction of any case expenses or liens. Besides attorney’s fees, any monies that are expended by the firm in pursuit of the case (which are known as "costs") are also reimbursed from the client’s portion of the recovery. The contingency fee agreement is always in writing for the client’s protection and is signed by the client with the client being given a copy. Foster Law Firm generally believes that if they cannot recover money for you that they will not be paid. It is very rare for Foster Law Firm to ask for any sort of retainer to even cover costs that are required to proceed with the case. Generally, the firm will advance the costs rather than to ask the client to do so. Most ERISA, insurance and personal injury cases, the firm works solely on a contingency fee basis.

Q. In what states does the law firm handle cases?

A. Foster Law Firm has lawyers that are admitted to practice in South Carolina. However, at any particular time, Foster Law Firm has cases pending in other states and participates in such cases with the assistance of lawyers admitted in those states where the cases are pending who serve as "local counsel". Foster Law Firm’s lawyers are frequently admitted to practice on a limited one case basis in jurisdictions other than South Carolina through a process known as "pro hac vice" admission. Foster Law firm lawyers will be responsible for obtaining "local counsel" if necessary.

Q. In order for my case to be reviewed, do I have to physically appear at the Foster Law Firm offices?

A. No. The firm prides itself on client accessibility. The firm can do many things by mail, courier and even via this website to accommodate the client’s special needs or inability to travel. Given the vast geographic region in which the law firm represents clients, the need to accommodate clients in places remote from the law firm’s central office is a paramount concern to the firm. If you believe you have a case and cannot make it to the firm’s offices in Greenville then we will make arrangements to review your case and represent you without the need for you to have to travel to Greenville.

Q. How long will it take for my case to be resolved?

A.

1. Accident Cases, Product Liability Cases, Burn Injury Cases

The time it will take to resolve a particular client's case is dependent upon the type of case that it is, the complexity of the case, whether the client has completed medical treatment and if not, whether the client is expected to complete medical treatment in a short amount of time, whether the case can be settled short of filing litigation, whether litigation is filed in state or federal court, as well as the county or jurisdiction in which the case is pending, the extent of the damages being claimed, and whether or not the case is one of clear liability against the person or company believed to be responsible. Unless the case is complex, it takes longer to reach trial in state court as compared to federal court. Most state court dockets take approximately 14 months from filing to reach trial, and federal dockets can reach trial within 7 months from filing. Obviously, if the client is continuing to receive medical treatment, the case should not be settled until the extent of damage and injury are known. Cases involving large damages where liability is not clear, typically take much longer than smaller damage claims where liability is clear. As you can see, there are a number of factors that bear on this question.

2. ERISA and Insurance Cases

If you have an insurance or ERISA case then different time periods may apply. If you have an insurance case that is filed in State Court then you can expect your case to take up to a year and a half potentially. Most insurance cases settle before they are called to trial, but if your case does not settle and goes to trial then it will likely be approximately a year and a half after the case is filed that the case will be called to trial. If you have an ERISA case then it is very possible that your case can be either resolved or decided by a judge within six months after the filing of the suit. ERISA cases tend to move through the court system much more quickly than other cases. Unfortunately, the foregoing is only true once the lawsuit has actually been filed. The ERISA claim itself has to go through a review process before a lawsuit can be filed. The review process can take time and it is described in more detail for clients of the firm in the "ERISA and Insurance Frequently Asked Questions" document that is provided to the firm’s clients. However, once an ERISA governed claim is filed in Federal Court such claims tend to move through the system much more quickly than an ordinary lawsuit.

For more information on what to expect on an ERISA case, click here .

If you would like for Foster Law Firm to review your case, answer any questions or discuss any other subject of their representation or potential representation, click here