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 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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Information about issues to consider when hiring an attorney

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

In my last article I discussed factors to consider when deciding whether a lawyer is needed in a personal injury or a wrongful death case.  In this article, I will provide some information about issues to consider when hiring an attorney.

If you know someone who has been seriously injured in an accident, or if you know someone who has been killed in an accident, the first thing that needs to be done is to gather information.  If you hire an attorney, the attorney will need that information, and if you do not hire an attorney, for example, if you settle the case yourself, the insurance company will need this information in order to evaluate the case for settlement.  The next issue to decide is whether your family needs an attorney or whether you can capably settle the case on your own—thereby avoiding attorney fees.  A general rule is if the injury is serious or if the case involves a wrongful death, I believe that you should consult an attorney at least for a review of your case.  The cost for this review should be minimal if there is a cost.

If you have made the decision that your case requires professional help, then I have 3 suggestions for you to consider in terms of choosing the best attorney for your family:

  1. Is the attorney experienced in serious injury cases or wrongful death cases?  Serious injury cases and wrongful death cases can be complex as they involve sophisticated medical issues, complex fact situations, and there can be a significant amount of medical liens that need to be negotiated and paid.  Your attorney must have experience in all of these areas in order to be successful.
  2. Is the lawyer capable of trying the case in front of a jury?  Many lawyers claim that they are trial lawyers, but many lawyers who hold themselves out as trial lawyers have not tried enough cases to give them solid trial skills.  If your lawyer does not have strong trial skills, the insurance company may reduce its offer as they are not afraid of your attorney doing well with a jury.
  3. Lastly, will the attorney provide your family with personalized attention, or is the attorney too busy for that?  The longer that I have been in practice, the more I understand that in traumatic times like these, people want to have a relationship with their lawyer and know that their lawyer is “in their corner” come what may.  I understand how important personal attention is to my clients; thus, I limit the number of cases that I have at one time so that I can work with all of my clients in a professional manner.  Some law firms are so large that they cannot provide personalized attention; but at my law firm, I would quit practicing law if I could not have a strong relationship with my clients.

These are some of the considerations that I believe are important in deciding on the lawyer who will do the best job for your family.  In my next article I will discuss an overview of the events of a typical serious injury or wrongful death case.

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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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