Frequently Asked Questions
Find answers to common legal questions and learn more about how we can help with your legal matters.
General Legal Questions
Answers to common questions about legal processes and our services.
How do I know if I have a personal injury case?
If you've been injured due to someone else's negligence or intentional actions, you may have a personal injury case. Key factors include proving that another party was at fault, that you suffered actual damages (medical bills, lost wages, pain and suffering), and that the injury occurred within the statute of limitations. It's best to consult with a personal injury attorney who can evaluate the specific details of your situation.
What should I bring to my initial consultation?
For your initial consultation, bring any documents relevant to your case, such as accident reports, medical records, correspondence with insurance companies, photographs, witness information, and any contracts or agreements related to your legal matter. Also, prepare a timeline of events and a list of questions you want to ask. This information will help your attorney better understand your case and provide more accurate guidance.
How long will my case take to resolve?
The duration of a legal case varies widely depending on its complexity, the area of law, court schedules, and whether a settlement is reached or the case goes to trial. Some straightforward matters might resolve in a few months, while complex litigation can take years. During your consultation, your attorney can provide a more specific timeline based on the details of your case and their experience with similar matters.
What are your fee structures?
Our fee structures vary depending on the type of case. For personal injury cases, we typically work on a contingency fee basis, meaning we only get paid if you win your case. For other matters, flat fees for specific services, or retainer fees. We believe in transparent pricing and will clearly explain our fee structure during your initial consultation so you know what to expect.
Do I need a lawyer for my legal matter?
While some simple legal matters can be handled without an attorney, having professional legal representation is often beneficial, especially for complex issues. A lawyer brings expertise in navigating the legal system, understanding relevant laws, negotiating with opposing parties, and protecting your rights. For significant legal matters that could impact your finances, freedom, or future, consulting with an attorney is generally recommended.
Practice Area FAQs
Specific questions related to our different practice areas.
How long do I have to file a personal injury claim in India?
In India, the Limitation Act of 1963 generally provides a limitation period of three years for filing a personal injury claim from the date of the accident or injury. However, there are exceptions to this rule, and the specific time limit can vary depending on the type of case and circumstances. It's always best to consult with an attorney as soon as possible after an injury to ensure your claim is filed within the appropriate timeframe.
What is the difference between a will and a trust?
A will is a legal document that outlines how you want your assets distributed after your death and only takes effect after you pass away. It must go through probate, which is a court-supervised process. A trust, on the other hand, can be effective during your lifetime and continues after your death. It allows for the management and distribution of assets according to your wishes without court involvement. Trusts offer more privacy and potentially faster distribution of assets compared to wills.
How is child custody determined in divorce cases?
In India, child custody decisions are primarily guided by the principle of "the best interests of the child." Courts consider factors such as the child's age, gender, and personal preferences (if they are old enough), the parents' ability to provide care and support, the stability of each parent's home environment, and the child's relationship with each parent. The Hindu Minority and Guardianship Act and the Guardians and Wards Act provide the legal framework for custody decisions, with recent court decisions showing a trend toward shared parenting arrangements when appropriate.
What should I do if I'm arrested?
If you are arrested, remain calm and exercise your right to remain silent. Politely provide your basic identification information but avoid discussing the details of your case with law enforcement. Request to speak with an attorney immediately and do not sign any documents or make any statements without legal counsel present. Remember that anything you say can be used against you in court. Contact a family member or friend to inform them of your situation if possible, and cooperate with the booking process while waiting for legal representation.
What compensation can I receive in a personal injury case?
In a personal injury case, you may be eligible for various types of compensation, including medical expenses (both current and future), lost wages and loss of earning capacity, pain and suffering, emotional distress, property damage, and in some cases, punitive damages. The specific compensation you can receive depends on the nature and severity of your injuries, the impact on your life, and the circumstances of the accident. An experienced personal injury attorney can help you understand what types of damages you may be entitled to in your specific case.
What documents are needed to form a business in India?
The documents required to form a business in India depend on the type of business structure you choose. For a private limited company, you'll typically need documents such as the Certificate of Incorporation, Memorandum of Association (MOA), Articles of Association (AOA), PAN card, GST registration, and business licenses specific to your industry. For partnerships, you'll need a partnership deed, while sole proprietorships require fewer formal documents but still need business licenses and registrations. Our business law attorneys can guide you through the specific requirements for your chosen business structure.
How can I protect my property rights in a real estate transaction?
To protect your property rights in a real estate transaction, it's essential to conduct thorough due diligence, including title verification, property survey, and checking for encumbrances or liens. Always ensure that all agreements are in writing and properly executed. Work with a qualified real estate attorney who can review contracts, conduct title searches, and address any legal issues that arise. Additionally, make sure all transactions are properly registered with the appropriate authorities and that you obtain all necessary permits and approvals. Our real estate attorneys can help safeguard your interests throughout the entire transaction process.
What are the grounds for divorce in India?
In India, the grounds for divorce vary depending on the personal law applicable to the couple. Under the Hindu Marriage Act, grounds include adultery, cruelty, desertion for at least two years, conversion to another religion, mental disorder, communicable disease, renunciation of the world, presumption of death, and mutual consent. For Muslims, divorce can be obtained through talaq, khula, or judicial divorce. Christians and those married under the Special Marriage Act have similar grounds to those under the Hindu Marriage Act. Our family law attorneys can provide guidance specific to your situation and applicable personal law.
Client Services FAQs
Questions about working with our firm and what to expect.
How do I schedule a consultation with your firm?
Scheduling a consultation with Thakker & Associates is simple. You can fill out the consultation request form on our website, or send an email to infojtlaw@gmail.com. Our staff will promptly respond to arrange a convenient time for your consultation. We offer both in-person and virtual consultations to accommodate your needs and schedule.
How will we communicate about my case?
At Thakker & Associates, we prioritize clear and consistent communication. During your initial consultation, we'll establish your preferred communication methods (phone, email, text, or in-person meetings). You'll receive regular updates on your case's progress, and your attorney will be available to answer questions and address concerns. We strive to respond to all client communications within 24 business hours. For urgent matters, we have protocols in place to ensure you receive prompt attention.
What languages do your attorneys speak?
Our attorneys and staff are fluent in multiple languages to better serve our diverse clientele. We offer legal services in English, Hindi, Gujarati.
Do you offer payment plans for legal services?
Yes, we understand that legal expenses can be challenging for many clients. Thakker & Associates offers flexible payment options, including payment plans tailored to your financial situation. During your initial consultation, we'll discuss our fee structure and payment options in detail. For other matters, we can develop a payment plan that works within your budget.
What geographic areas do you serve?
Thakker & Associates primarily serves clients throughout Gujarat, with our main office located in Bhavnagar. We also handle cases in Ahmedabad, Vadodra, Nadiad, Botad, Mahuva, Talaja, Dhandhuka. If you're unsure whether we can assist with your legal matter in your location, please contact our office, and we'll be happy to discuss your specific situation.
Have More Questions?
Contact Thakker & Associates today to schedule a consultation with one of our experienced attorneys. We're here to answer your questions and help you navigate your legal challenges with confidence.