Some of the events that occur in litigation of a serious injury or wrongful death case

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

In this article I will describe some of the events that occur in litigation of a serious injury or wrongful death case:

  1. Summons and Complaint: A summons demands that a person appear in court or respond to a complaint.  A complaint describes the person’s actions that caused the lawsuit and a description of the damages suffered.
  2. Discovery: this is the time period in which the plaintiff (the person bringing the case) and the defendant (the person who is being sued) learn about each other’s case.
  3. Deposition: this is a question and answer session, under oath and in front of a court reporter, in which attorneys ask witnesses and parties the events that they experienced.
  4. ADR: is usually an arbitration hearing or a mediation hearing.  Arbitration is when an independent person hears evidence and makes a decision.  Mediation is when an independent person tries to arrange an agreement between the parties that settles the case.  Most jurisdictions or courts require ADR before trial.
  5. Pretrial: is when a judge either tries to resolve a pending case, or when a judge schedules the dates of trial and the identities of witnesses and evidence that will be used at trial.
  6. Trial: occurs when a jury of people just like you are gathered to hear evidence and make a decision that will end the legal dispute.
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Should you hire a local lawyer for a serious injury or wrongful death case?

On October 1, 2009, In Serious Injury, Wrongful Death, By jdhaas

Should you hire a local lawyer for a serious injury or wrongful death case?

Some questions to consider before hiring any attorney: Is the local lawyer experienced in negotiating with insurance companies in serious injury or wrongful death cases?  Does the local lawyer have experience in trying serious injury or wrongful death cases to a jury if the insurance company does not make a fair offer?  Does the local lawyer have experience in negotiating with lien holders or entities that have subrogation interests?  Is the local lawyer too busy to work on your case him or herself?  Is the local lawyer too busy on other cases to devote the necessary attention to your case?  Will the local lawyer promptly return your calls and will he or she communicate with you?  These are questions you should consider before hiring any attorney.

The insurance company is going to hire the best wrongful death lawyer that they can to represent their interests.  Will your lawyer be able to “stand up” to the insurance company lawyers?  There are many capable lawyers—why should you hire a lawyer whose office is not close to you?  Let me tell you a true story—I met with a man whose wife was killed in a truck accident.  He was 230 miles away from me.  I met with him in his home and discussed my qualifications to represent his family.  Before hiring me, he wanted to talk with other lawyers and I encouraged him to do that.  Even though I was 230 miles away from him, I met with him in his house; but, when he wanted to meet with the other lawyers; he had to travel to their offices.  He valued the personal attention that I could give him, and he decided to hire me.

I enjoy helping people and working with them in difficult times.  I value the relationships that I form with my clients; therefore, I limit the number of cases that I take so that I can devote adequate time to each case, and to each person.  Many clients think that my approach is the best one for their case and for their family.  Please contact me if you think that I can help you.

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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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Different considerations for selecting a lawyer for a serious injury or wrongful death case

On April 1, 2009, In Serious Injury, Wrongful Death, By jdhaas

In this article I will discuss different considerations for selecting a lawyer for a serious injury or wrongful death case like an Iowa Wrongful Death Lawyer for example:

My office is in the Minneapolis/St. Paul Minnesota area, but I am a licensed trial lawyer in Iowa, Minnesota, Nebraska, North Dakota, South Dakota, and Wisconsin.  Why should a family hire me as opposed to a lawyer closer to them?

The first question is where will the attorney meet you?  I will come to you—wherever you are.  I do not expect you to come to my office—I come to you.  Most lawyers want you to come to their office.

The second question is how will we communicate as compared to a lawyer whose office is 20 miles away?  I return telephone calls within 30 minutes unless I am in court or helping another client.  When you call, I will discuss your case with you—I do not transfer your case to a different attorney or a law clerk or a paralegal.  I take pride in customer service; thus, I will communicate with you more than an attorney who is closer to you.

The third question is should I hire you or a large, local law firm?  Unfortunately, often in large personal injury law firms, once a client hires the firm, the experienced lawyers do not handle the case until the late stages of a case.  Rather, the law firm has lawyers without experience and paralegals handle the case so that the senior partners can work on bigger cases.  In my office, I handle your case from the beginning to the end.  I take pride in personal service, and I limit the number of cases that I take so that I can know my clients and work as hard as I can on their case.

Lastly, does a local lawyer have the experience to aggressively represent you in your case?  I have been a trial lawyer for more than 23 years, and I have tried 43 cases to juries all over the US.  I have the experience to go “toe to toe” with the experienced lawyers that the insurance companies will hire.

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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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Personal Injury and Wrongful Death legal issues

On December 1, 2008, In Personal Injury, Wrongful Death, By jdhaas

I will be discussing personal injury and Minnesota wrongful death lawyer legal issues periodically.  I will try to discuss these issues in chronological order so that they will be easier to understand.

If you know someone who has been injured by another person in a car accident, for example, or if you know someone who has been killed in a car accident, a common question is: “What do I do next”?

The first thing should be to get necessary medical attention so that the injured person can make a full recovery.  The second action should be to get all of the police reports and investigation.  You should not sign anything from an insurance company until you have discussed it with legal counsel.  Most insurance companies do not try to settle cases immediately after they occur; however, it is better to have an experienced professional review any documents before signing them in order to protect your legal rights.  The third action should be to get copies of employment records so that there is proof of lost income in case doctors say that the injured person cannot work for a period of time.

These actions should preserve evidence and they should provide you with options when deciding whether to hire a lawyer.  I will discuss that issue in my next article. “To my knowledge, protocol was followed,” Titus said.

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