FREQUENTLY ASKED QUESTIONS

How do I know which lawyer is right for me and for my case?
The best attorney for you may not be the one that advertises the most or has billboards. Often, a client hears good things about an attorney from someone the client knows. But still, that attorney may not be right for you or your case. What is important is that you hire someone competent in the area of law involving your legal matter and that attorney is one with whom you are comfortable. You have to be able to communicate with and trust your attorney.

Will I be charged a fee for my initial consultation?
That depends on the type of legal matter you have. We do not charge for consultations in personal injury, automobile, or motorcycle cases; medical malpractice cases; or criminal/traffic matters.

We, as do most lawyers, charge for consultations in family law matters or general civil suits such as contract disputes. Contact us and we will be happy to answer questions in this regard and make sure you are clear before you come in for your consultation.

How can I afford quality legal representation?
In personal injury, motorcycle accident, automobile accident, and medical malpractice cases our office is usually employed through a contingency fee. That is, at the end of your case you pay a percentage of what you recover from your settlement or jury verdict. And, you do not pay attorney fees unless you do recover money.

In hourly fee cases, you are billed on a monthly basis. You receive a statement that sets out the services performed during the month, together with any costs. We provide each hourly client with an Engagement Letter that clearly sets out how this works and identifies the costs for which an hourly fee client will be charged. It is important that any client understands how this works. We will be happy to answer all your questions regarding hourly billing before you sign your Engagement Letter.

The insurance company told me I don’t need a lawyer for my accident case. Do I really need a lawyer?
Make no mistake about it, the insurance adjuster is employed by the insurance company and owes loyalty to the insurance company only. The adjuster may get you to sign away your rights before you know exactly the extent of your injuries or even what rights you have. We strongly suggest you consult with an attorney competent in injury cases before even discussing your claim with any adjuster or claims person. You are not charged for initial consultations in injury cases and are happy to discuss your claim with you so that your rights are protected and you are fully compensated for your injuries.

What should I do if I have been injured in an automobile/motorcycle/truck or pedestrian accident?
Before discussing the matter with your own or the other insurance adjuster or claims person, you should consult with an attorney with experience in these types of matters. Too often we have seen clients that have waited to see an attorney and have made statements to claims people which end up being very damaging to their case. And if you need medical attention, get it. We have likewise seen many people that waited to receive medical treatment, which gives the insurance companies the opportunity to argue that medical treatment is not related to the injury. Injury claims are now complex. They involve liens, subrogation, and sometimes counterclaims. Often, notice must be given to your own insurance company for medical payments or underinsured coverage. We have had many years of handling these types of claims to the satisfaction of our clients and would be happy to discuss these matters with you.

I have been sued. What do I do?
Ignoring a suit may very well result in a judgment being taken against you. When you receive court documents, consult an attorney as soon as possible. And, of course, carefully read those documents to see if there are any time limits or court hearings. When you are sued, the court documents usually have the number of days in which you must file certain pleadings with the court to protect your rights.

I or a member of my family has been charged with a DUI/Criminal Offense/Traffic Offense. What do I do?
We do not charge for initial consultations in these matters and our office would be happy to make an appointment for you to see Attorney Malher. He has many years of experience in these types of cases. Usually, the client has made some statements to the police. Do not make any additional statements until you have had your attorney consultation.

What if my case is not the type of legal matter Joshua S. Malher handles?
Joshua S. Malher has developed a large network of attorneys in Indiana and elsewhere that have experience and competence in legal matters outside of his practice areas.