Motley Rice’s guide to common legal FAQs helps potential clients understand common legal terms, what to expect when working with a law firm and how lawsuits typically work. Here, we answer frequently asked questions about the legal process, attorney roles, fees, timelines and client rights.

Hiring a Lawyer

What should I look for when choosing a lawyer?

Choosing the right lawyer is one of the most important steps in pursuing a legal claim. You should look for a lawyer with experience in your specific type of case, such as toxic exposure, product liability or whistleblower litigation. The right attorney is transparent about past results, explains your legal rights simply and updates you throughout the process.

Think of your first consultation like a job interview for the attorney. Questions to ask a law firm in an interview might include these:

  • Have you worked on this type of case before?
  • Have you gone up against a defendant of this size before?
  • How long have you been involved in this practice area?
  • What is your primary practice area?
  • What kind of results have you gotten for other clients?

I already have a family lawyer. Why do I need a different lawyer if I’ve worked with one before?

Lawyers often focus on specific areas of the law. For example, the attorney who helped you buy a house or draft a will may not have experience handling a class action lawsuit, an individual case that gets consolidated into an MDL or a medical manufacturer personal injury case.

Hiring a lawyer with deep knowledge of your case type can make a significant difference in both the efficiency of the process and the outcome. Additionally, certain legal proceedings, like multidistrict litigation (MDL), often require lawyers and firms that are familiar with high-volume, national litigation.

What should I expect during my first meeting with your firm?

The first time you speak with Motley Rice, you’ll talk with someone trained to gather information about your situation. This intake process may involve a phone call, online form and/or scheduled consultation. You’ll be asked about your experience, documentation and anything else that may help the firm assess your case.

After the intake, attorneys review and investigate your information to determine if your case meets legal criteria. If Motley Rice accepts your case, you’ll receive an explanation of the next steps, timelines and your legal team’s contact information.

What information do I need to share about my potential case?

It’s helpful to provide as much detailed, accurate information as possible. This may include:

  • The dates and location of the incident or exposure
  • Medical records, diagnoses and treatment history
  • Pay stubs or employment records
  • Insurance paperwork or benefit denials
  • Photos, emails or other documentation
  • A list of any prior legal actions you’ve taken

The more context you can give, the easier it is for attorneys to evaluate your case and determine how best to proceed.

Will I work directly with a lawyer?

Yes, though your experience may vary depending on the case stage. You’ll likely begin by communicating with legal support staff who gather background information and help with documents. Once your case progresses, you’ll be assigned an attorney or team of attorneys who will discuss strategy, answer your legal questions and represent you in negotiations or court.

About Motley Rice LLC

What kinds of cases does Motley Rice take?

Motley Rice handles a wide range of complex civil litigation, which is distinct from other practices such as criminal defense or commercial business law. Civil litigation resolves disputes between private parties. In criminal law cases, the government prosecutes individuals for their offenses against society.

In civil litigation, the parties typically seek compensation and/or policy changes to prevent future harm, while a criminal prosecution can lead to punishment like imprisonment. Our firm has experience handling lawsuits related to:

Motley Rice leads national civil litigation efforts in multidistrict litigation and mass torts in several practice areas.

What states does Motley Rice accept cases from?

Motley Rice works with clients in all 50 states and handles cases filed in state and federal courts. Depending on state rules and jurisdictional issues, the firm may work directly with clients or collaborate with local counsel. These other lawyers or firms may work with your main legal team. Known as co-counsel, they allow us to offer national litigation experience while meeting the procedural requirements of specific courts.

Where do Motley Rice’s clients live?

Our clients come from across the U.S. and, in some cases, from abroad. Whether someone lives in a large metro area or a rural community, Motley Rice has the infrastructure to represent them wherever they are. Many cases involve plaintiffs who were harmed by national or global companies, so geography does not limit the firm’s ability to help.

Can I expect personal attention from a national firm like Motley Rice?

Yes. While Motley Rice often handles large and complex litigation, we prioritize client communication no matter the size of the case. Each client is assigned to a team familiar with their specific case. The team will keep you informed about progress and give you opportunities to ask questions or provide feedback at every stage.

Contact Motley Rice

Speak with a knowledgeable legal team with national impact. Fill out our online contact form or call 1.800.768.4026 to learn more about your legal options and how we may be able to help.

Lawsuit process and trial prep

What happens after I file a claim?

Once your claim is filed, the legal process begins. Your legal team will:

  • Gather evidence through discovery
  • Interview witnesses and experts
  • Communicate with the defendant(s) through their lawyers
  • Handle procedural motions or court filings

During this time, you may be asked to provide documents, attend meetings or give a deposition.

How do you help clients prepare for a trial?

Trial preparation may involve:

  • Reviewing your timeline of events
  • Practicing direct and cross-examination questions
  • Coordinating with expert witnesses
  • Preparing exhibits or other visuals

Your lawyer will explain courtroom procedures and help you feel confident if you’re asked to testify.

How do you decide to settle or go to trial?

Every case is different. Attorneys at Motley Rice evaluate settlement offers based on:

  • The strength of your evidence
  • The amount offered compared to likely trial outcomes
  • Input from you (the client)

You’ll be advised about your options to make an informed decision. Some cases resolve quickly. Others take years to reach an outcome.

Can you guarantee a win in my case?

No lawyer or firm can guarantee a specific result. Firms that try to get you to sign an agreement by guaranteeing an outcome may be scamming you. Litigation is complex and depends on many factors outside anyone’s control. Motley Rice has decades of experience in high-stakes cases and a strong record of advocating successfully for clients.

Understanding important legal terms

What is a claim?

A claim is your formal legal demand for compensation or justice. It may be made in writing to an insurer or company or filed in court.
“Claim” may also be informally referred to as a lawsuit. It can also refer to a certain type of legal filing. For example, in asbestos litigation, many companies went bankrupt and established trusts to pay for future injuries. To get money from the bankruptcy trust, people can submit a “claim” to the trust.

How long do I have to file a lawsuit?

It varies by state and claim type. For example:

  • Personal injury: One to three years in most states
  • Product liability: Often two to four years

This deadline is known as a statute of limitations.

What is a statute of limitations (SOL)?

This is the legal deadline to file a lawsuit. If you miss the deadline, you may lose your right to bring a case, no matter how strong your evidence. In some cases, a statute of limitations may be paused (tolled) under the following conditions:

  • The injured party is a minor.
  • The injured party is mentally incapacitated.
  • The misconduct was concealed.
  • The injured party was unaware of the harm when it occurred.

What is a tort?

A tort occurs when one person’s actions (or inaction) cause harm or loss to another, whether intentionally or through carelessness. When this happens, the injured party can seek compensation (usually money) from the person who caused the harm. Personal injury lawsuits are a common example of tort claims. However, torts do not include breach of contract claims or any criminal law charges.

What is a plaintiff?

A plaintiff is the person or group who initiates a lawsuit. This is the party seeking damages or other legal remedies.

What is a defendant?

The defendant is the person, business or entity being sued. They must respond to the claims and may present their own evidence or defenses when they file an answer to these claims.

What are compensatory damages?

Compensatory damages are money awarded to repay someone for losses caused by another party’s actions. They can cover medical bills, lost income and pain and suffering. These damages are meant to restore what the injured person lost, not to punish the defendant.

What are punitive damages?

Punitive damages are awarded in rare cases to punish especially harmful conduct. They are designed to deter future wrongdoing and often apply in cases of corporate fraud or gross negligence.

What is a settlement?

A settlement is an agreement to resolve a case without going to trial. Settlements often involve payment to the plaintiff in exchange for dropping the lawsuit, generally foregoing any future ability to seek recovery for that wrongdoing.

Grouping legal claims: class actions and MDLs

What is a class action lawsuit?

A class action is a lawsuit brought on behalf of a group of people who experienced similar harm from the same product, service or conduct. Rather than filing many individual cases, class members are represented together by one or more lead plaintiffs in a single case. The idea is to streamline the legal process and make litigation more accessible for people with similar claims.

What’s the difference between a class action and a putative class action?

A putative class action is a proposed class case that has not yet been approved by the court. This means it’s not yet an official class action lawsuit. The court must review and certify the class action based on specific legal criteria.

Why file a class action instead of separate lawsuits?

Filing as a class action can save time and resources for both the courts and the plaintiffs. It allows people with relatively small individual claims to band together and seek compensation more efficiently. Class actions can also help achieve consistent outcomes for all members and increase pressure on the defendant to resolve the issue fairly.

Who can file a class action?

Anyone who has been affected in a similar way as others by a defendant’s actions may be eligible to file a class action. Courts typically appoint one or more lead plaintiffs to represent the interests of the entire group.

What types of class actions are there?

Class actions are typically divided into three main types based on their legal purpose:

  • Injunctive or declaratory relief class actions aim to stop a defendant’s behavior or clarify legal rights, rather than seek money.
  • Damages class actions, the most common type, seek financial compensation for people harmed in the same way by the defendant.
  • Hybrid class actions combine both injunctive relief and monetary damages.

Courts determine the type of class action during the certification process. The type is based on the relief being sought and the way claims are structured.

What are the benefits of a class action?

Class actions help individuals seek justice when it might be too expensive or impractical to file a case alone. They also help hold large corporations accountable by combining similar claims into a single, more powerful lawsuit. Plaintiffs can share the cost of legal resources and the court system benefits from resolving similar cases together.

What is a class period?

A class period refers to the specific time frame during which the alleged harm took place. Only people who were affected during this period may be eligible to participate in the class action or receive compensation if the case results in a settlement or verdict.

What is a claim form?

This is a document that class members may be required to submit to receive a portion of a settlement or judgment. It typically asks for basic information to verify eligibility, such as name, contact details and how the individual was affected by the defendant’s actions.

What is a settlement notice?

A settlement notice is a legal communication sent to potential class members when a proposed settlement has been reached. It includes important details like the total settlement amount, who qualifies to file a claim, how to submit a claim form, relevant deadlines and options to opt out or object. These notices are often mailed or emailed to affected individuals and may also be posted publicly online.

What is multidistrict litigation (MDL)?

Multidistrict litigation (MDL) is a legal procedure used to consolidate federal civil cases that share common facts and issues. Rather than trying each case separately in different courts, they are transferred to one federal judge for pretrial proceedings like discovery and motions. Motley Rice attorneys hold leadership positions in several MDLs.

How is an MDL different from a class action?

In a class action, one case is filed on behalf of all plaintiffs and proceeds as a single case. In an MDL, each plaintiff files an individual lawsuit, but the cases are grouped together for efficiency in the pretrial period. After pretrial proceedings, individual cases may be sent back to their original courts for trial or they may settle together. Plaintiffs in an MDL retain more individual control over their claims compared to class actions.

Our litigation experience

Motley Rice is a nationally recognized plaintiffs’ law firm with decades of experience in some of the most complex legal battles in the country. From helping families affected by asbestos and toxic chemicals to representing whistleblowers who uncover corporate fraud, our attorneys have handled thousands of cases across many practice areas. Our work includes leadership roles in multidistrict litigation, landmark verdicts and settlements totaling billions. If you have questions about a potential claim, we’re here to help.

Read more on our litigation experience.