Should people bring wrongful death cases against the person responsible?

On June 1, 2009, In Wrongful Death, By jdhaas

In this article, I will discuss whether people should bring wrongful death cases against the person responsible.

I recently read an article in which the author said “People should not sue because it was an accident.  The person didn’t intentionally kill this person”.

Some people have this opinion, and others believe that wrongful death cases are only about money.  I have settled or tried dozens of wrongful death cases; therefore, I know the reasons that families bring claims against the people responsible for the death of a family member.

First of all, oftentimes the people who kill other people are remorseful, but sometimes they are not remorseful.  If a person is killed in an accident through the actions of another person, should the person responsible be held accountable?  The first reason that families bring wrongful death cases, in my experience, is that they want to make the person responsible accountable for his or her actions.  If no one makes this person accountable for his or her actions, what is this person’s motivation to change?

Secondly, families want to improve safety in their communities or to ensure that the responsible person does not kill another human being.  By holding the person responsible for his or her actions, this person learns the results of his or her actions and understands the enormity of the families’ loss.  This helps the families in their grieving process, but it also helps the negligent person to understand the effects of their negligence.

Lastly, families use a claim to help in the healing process as it illustrates the life of the person killed and shows society the loss brought about by the actions of a careless person.

If your family or someone you know is in this situation, I would be happy to discuss this with you or with them.  Best wishes.

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Practice styles of personal injury law firms

On May 1, 2009, In Personal Injury, Wrongful Death, By jdhaas

In this article I will discuss the practice styles of personal injury law firms.

There are very large and successful personal injury law firms in every state and city.  The typical law firm has many experienced lawyers, some lawyers without much experience, and paralegals and secretaries.  These law firms must have a large volume of cases in order to make money.  They will try to settle many cases in order to pay their bills.  If a case does not settle, then they have attorneys and paralegals work on the cases at the earlier stages so that the law firm’s costs are kept low.  They must have many clients at any one time in order to pay the law firm’s bills.

In my law firm, I personally handle all the cases.  I do not send clients to less experienced lawyers or to paralegals.  I have access to experienced and capable paralegals when I need them; however, I do most, if not all, of the work myself.  I limit the number of clients that I have at any one time so that I can devote the necessary time to those clients, and so that I have a strong relationship with my clients.  Rather than have hundreds of cases, I only have a few clients at a time so that I can provide sterling customer service to my clients.

I treat my clients the way that I would want to be treated if someone in my family was seriously injured or killed.

If my approach appeals to you, please call me about a serious injury or Iowa wrongful death case or any wrongful death case.

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Timeline for a typical personal injury or wrongful death case

On March 1, 2009, In Personal Injury, Wrongful Death, By jdhaas

In my last article I discussed factors to consider when deciding which attorney is the best fit for your case.  In this article, I will provide a timeline for a typical personal injury or wrongful death case or Minnesota wrongful death case .

After a serious accident occurs, most cases follow a pattern:

  1. For 3-12 months the insurance company gathers information about the medical bills, the work loss, and pertinent facts about the collision.  If the injured person’s medical condition is stable, for example, if the injured person has a broken arm and the arm has healed, during this time period settlement negotiations may occur.  If the injured person’s medical condition is not stable, or in other words, if we do not know if the person will need medical care or treatment in the future, then we cannot settle the case during this time period.
  2. After the injured person’s medical condition can be assessed, then negotiations occur.  After 2-6 months of negotiation, typically, the insurance company makes a final offer.  The client either accepts or rejects the final offer.  If the final offer is accepted, then the case ends.
  3. If the final offer is not accepted, then the only option is to sue the responsible party.  This is called “litigation”.  During litigation, often settlement negotiations still occur.  More than 95% of personal injury cases in litigation settle before trial.  The beginning phase of litigation is called “discovery”.  During discovery, the defendant learns about our case and we learn about the defendant’s case.
  4. Usually, before trial, most jurisdictions require the parties to try to settle the case in ADR (alternative dispute resolution).  In ADR an independent party either makes a decision, or an independent party tries to reach an agreement between the sides. The first ADR method is called arbitration and the second is called mediation.
  5. If ADR does not resolve the case, then the parties have a “pretrial” with the trial court judge.  Sometimes cases are settled at the pretrial.
  6. If the case is not settled at the pretrial, then the trial is set and at trial, the jury decides responsibility for the accident and the damages.  Usually, a trial occurs 1-2 years after the lawsuit is filed, and this time depends upon the court’s backlog of cases.
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Considerations when deciding whether to hire an attorney

On January 1, 2009, In Personal Injury, Wrongful Death, By jdhaas

In my last article I discussed appropriate steps to take after a person has been injured in a motor vehicle accident lawyer .  The steps that needed to be taken apply to a personal injury accident and a wrongful death accident.  In this article, I will discuss the considerations when deciding whether to hire an attorney or whether to try to settle a case by yourself.

I often get calls from people who have been injured in accidents and wonder whether they should hire an attorney or whether they should settle the case with the insurance company by themselves.  There is no “blanket” answer for this question that is always correct.  This issue is an important one and should be answered on a case-by-case basis.  I will provide some issues for you to consider:

  1. Is the injury serious?  If the injury is a serious one, an experienced attorney can negotiate better than a lay person because the attorney has resolved hundreds of serious injury cases and has a good idea as to value.
  2. Will the injury last for 1-2 months, or is this a long-lasting injury?  If the injury will last for 1-2 months—for example, a bruise or a minor injury—then an attorney may not be able to negotiate a higher settlement than a lay person might be able to negotiate.  Furthermore, the attorney will have to get paid for his or her time, and that takes money away from the injured person.
  3. As a general rule, and there are exceptions, if an injury lasts 6 months or longer, if the injury causes 1-2 months off work, and if the medical bills are thousands of dollars; then this is a case in which a consultation with an attorney is necessary.  Most capable personal injury or wrongful death lawyers give free consultations; therefore, the injured person has nothing to lose by discussing their case with an attorney.
  4. In my opinion, most wrongful death cases require an attorney’s review.  Experienced wrongful death lawyers have resolved hundreds of death cases in their careers.  They also have tried dozens of wrongful death cases in their careers.  This background gives them experience to determine the value of the wrongful death case given the person’s medical bills, funeral expenses, and income loss.  As I said earlier, most wrongful death lawyers give free consultations.  For example, if a family calls me because a family member has been killed in an accident, I will meet with them and discuss whether I can help them or whether it would be better for them to represent themselves.  Usually, wrongful death cases are so complex that a wrongful death attorney is often needed by the grieving family.
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