Frequently Asked Questions

Family disputes and accidents fill your life with pain and questions that you wish you could avoid. Let Gillen & Associates introduce you to some answers here before you call to see us for your free consultation.

Divorce and family law

How is property divided in a divorce case?
Do the courts still award alimony? How is alimony determined?
Are there jury trials in divorce cases?
Who watches out for the children in contested custody cases?

Personal injury

How much is my personal injury case worth?
How long will it take to bring my case to a conclusion?
What does a "letter of protection" mean in my case?
Why do we have to file suit? What exactly does that mean?

Call for your free initial consultation

From a congenial and comfortable office in San Antonio, Gillen & Associates, Attorneys at Law solves legal problems for clients throughout Texas. When you need an attorney, call the firm for a free initial consultation at 210-541-6800 or use the online contact page.

Divorce and family law

How is property divided in a divorce case?
Each spouse is entitled to retain his or her "separate estate," meaning property they brought into the marriage, property they inherited, or property given to that spouse as a gift from a third party. Marital property is divided equitably between the parties. Equitable does not mean equal, but means what the court determines as fair, if the case goes to trial.

Do the courts still award alimony? How is alimony determined?
Alimony can be awarded in appropriate cases. There are many factors that come into play in determining whether to award alimony and if so, how much to award. These factors include—

• The parties' standard of living
• The duration of the marriage
• The financial resources and condition of each party
• The age and the physical and emotional condition of the parties
• The time a party might need to acquire sufficient education or training to find a job
• The contribution of each party to the marriage, such as homemaking, child care, education, and career building of the other party
• Any other relevant factor

Are there jury trials in divorce cases?
Either side can request a jury to decide all the issues except child custody and attorney's fees. However, due to the time, trouble, and expenses of a jury trial, it is seldom used.

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Who watches out for the children in contested custody cases?
In a contested case, parents cannot always see the stress that is thrust upon the children. Sometimes the parties can agree on a course of counseling for the children while the case is pending, and the parties sometimes choose to get counseling for themselves as well. Courts often utilize a Guardian ad Litem (GAL) to assist the judge in the case. A GAL is usually an attorney who represents the interest of the children and usually makes a recommendation to the court. Of course, this becomes an additional expense to the parties. A court may also utilize a psychiatric custody evaluator, performed by a psychologist, who administers various psychological testing and observation, and who makes a recommendation to the court. These evaluations are very costly as well. A contested custody case should be a last resort, not only because of the very high expense involved but also because of the stress on the children and parents.

Personal injury

How much is my personal injury case worth?
The answer is dependent upon the specifics of your case. A case value is based on five areas of analysis, assuming the liability is clear. A plaintiff in a personal injury case is entitled to five areas of damages:

1. Past medical bills
2. Future medical expenses
3. Past lost wages
4. Loss of earning capacity in the future
5. Past and future non-economic losses

There is no exact formula to determine exactly how much a case is worth. The value is determined as the evidence for the case comes in. There are factors to be evaluated in determining the strength of the evidence presented, such as testimony, medical records, or any other issues that would allow the insurance company to take credibility from the injured party's case. We can generally assess a range estimate in which the case may fall in terms of value after the evidence is accumulated and evaluated. The condition of the injured party during the time elapsed in the evaluation process is also taken into consideration. An exact value is difficult to determine based on the reality that only pursuing the case to its end will surface an exact outcome. Gillen & Associates offers a range value after a thorough evaluation of the facts and evidence. Contact the office today for a free initial consultation.

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How long will it take to bring my case to a conclusion?
This answer is contingent upon the complexity of the case. The last thing the firm wants to do is resolve a case while the client is still recovering or in uncertain on the status of their future medical condition. Every attorney's fear is to allow the client to sign a release and then discover after advising them to execute the release, that they need future surgery or have massive medical bills still facing them. In most cases, the average premises liability, auto accident, or any other negligence case is resolved in about four to 12 months after being officially represented by the firm. As with any case, however, that time range is subject to fluctuation depending on the facts of your specific case.

What does a letter of protection mean in my case?
In many cases, people do not have insurance coverage or their PIP benefits are exhausted. In this situation some medical facilities and physicians are willing to accept a letter of protection. A letter of protection is a document that gives the patient the ability to remain in treatment without paying for the medical bills at the time of treatment. Such letters of protection typically allow the patient to remain in treatment, and once a recovery is made then the doctor or healthcare facility is subsequently reimbursed. This holds true, if the letter of protection is accepted by the facility or physician and the case proceeds as expected. It is, however, always made clear to the client that even with a letter of protection in their medical file they are ultimately responsible for the medical bills in the event the case does not resolve as expected.

Why do we have to file suit? What exactly does that mean?
When a suit is filed, it is the actual act of filing of legal papers at the courthouse. This takes place only with the client's permission after all efforts have been made to resolve the case in pre-suit. In the last eight years the insurance industry has become very aggressive in defending such cases, and many cases end up in litigation.

If a case is actually filed it does not mean that you will one day be present at the courthouse steps with an attorney. Most cases resolve before trial. However, there is a possibility that once your case is filed it could go to trial. Most often, the firm’s attorneys are able to keep the client informed of their options during the entire process. Although the firm tries many such cases, the lawyers still resolve a large percent of the client's case pursuant to client wishes. If there is an offer to settle the case, the ultimate decision in accepting the offer or taking your case to trial will be left to you.

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