Different considerations for selecting a lawyer for a serious injury or wrongful death case
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.
Some of the important parts of a serious injury or wrongful death trial
In this article I will describe some of the important parts of a serious injury trial or a wrongful death trial:
- Evidence: can be a person’s statements—testimony—or documents such as medical records, employment records, written statements, photographs, etc. Some people on the jury learn by hearing things, some people on the jury learn by seeing things, some people on the jury learn best by touching things; and most people on the jury learn best by a combination of these learning styles. In my experience, it is most effective to show juries pictures, diagrams, and documents as well as to have them hear testimony so that the information is presented in as many forms as possible.
- Testimony: can be the most interesting part of a trial as people will testify differently in court as they testified in their depositions. Juries have been trained by television, movies, plays, and other forms of entertainment to pay attention to stories and to people telling them stories; thus, when presenting testimony, it is most effective to tell stories to illustrate testimony.
- Witness credibility: often a trial will be won or lost based upon the credibility or, in other words, the believability of a witness. The witness who the jury believes and likes will have more power than the witness who the jury does not believe.
- Jury deliberations: I have tried more than 43 cases to juries all over the US. In the cases in which my clients have received favorable verdicts, and in the cases in which my clients have not received favorable verdicts, I am sure that the jury did their best in resolving the dispute. Juries take their duty seriously. They pay attention to the evidence, and they make their decisions based upon what they think is the fairest and most appropriate outcome. It is unquestionably the best system devised to resolve disputes.
Some of the events that occur in litigation of a serious injury or wrongful death case
In this article I will describe some of the events that occur in litigation of a serious injury or Wisconsin wrongful death case:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Considerations when deciding whether to hire an attorney
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:
- 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.
- 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.
- 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.
- 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.
Should you hire a local lawyer for a serious injury or wrongful death case?
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.
An Experienced Personal Injury Attorney who comes to you.
The insurance company is going to hire the best attorney that they can find to defend themselves. If you do not hire an equally capable lawyer--you may be overmatched. I have more than two decades of trial law experience in cases just like yours, and I have represented families and tried cases like yours all over the country.
The way that I practice law is unique when compared to other law firms. It is unique because I only take a small number of cases at any one time. I limit the cases that I take because in limiting my cases, I can provide personalized attention to each of my clients. I am a trial lawyer because I like helping people and because I enjoy getting to know my clients.
I have made the decision that in all cases involving injuries to children, catastrophic injuries to adults, and in all wrongful death cases, I will reduce my fees to 30% in order to maximize the amount that the family recovers.
If my approach appeals to you, please contact me so that we can discuss your serious injury or wrongful death case. Thank you.
When was the last time you heard of an attorney who would travel hundreds of miles to meet with you, and not charge any fees unless he made a recovery on your behalf? And when was the last time you heard of a Nationally Board Certified Trial Lawyer doing all that for you?
I’m JD Haas, and I’m such an attorney. I’m licensed in six different states, and I make it a point to meet you, wherever and whenever is convenient for you. When I take your case, I maintain that commitment to meet you wherever is most convenient for you. And when you call, you are always assured that you will speak directly to me.
I’ve over 20 years of experience representing clients throughout the country and I’m board certified by the National Board of Trial Advocacy. I’ve successfully tried 41 jury cases during my career and I’ve recovered millions of dollars on behalf of injured parties just like you.
With a focus on representing people who have been seriously injured in motor vehicle collisions and representing children who have been injured through the negligence of others, I believe I offer unequalled skill and experience when I represent you.
Family sues homebuilder over Rogers tornado death
The family of a 10-year-old girl who died in a 2006 tornado in Rogers is blaming a homebuilder for the girl's death.
In a wrongful death lawsuit in Hennepin County District Court, the family of Jaymi Wendt claims poor construction, not the tornado, is to blame for the girl's death. Attorney Patrick Sauter says Jaymi's death might have been prevented if the house's foundation was more sound.
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Court proceedings are scheduled to begin Monday.
Jaymi died at her neighbor's house in the Sept. 16, 2006, tornado. The house was built by Monarch Homes Inc.
A spokesperson for Monarch Homes declined to comment. Two other companies are listed as defendants.
Commuters watch as police officer shoots young father dead
Horrified commuters watched on as a US police officer shot dead an unarmed young father on a crowded train platform as another officer pinned him face down to the ground.
Dramatic mobile phone footage posted online shows the death of Oscar Grant, 22, after he was shot in the back by a transit police officer at an Oakland station.
Hundreds of thousands of people have now viewed the footage on YouTube and on local TV stations, fuelling a furious reaction as the officer, Johannes Mehserle, remains uncharged with any offence.
Mehserle has also refused to speak with internal police investigators about the incident, amid suggestions he may have believed he was firing his Taser instead of a gun.
The shooting occurred in the early hours of New Year's Day, in front of dozens of train passengers returning home after New Year's Eve celebrations.
According to local media, Grant and a number of others were pulled off the train by police after reports of a fight.
Footage taken by a commuter shows Grant and others on the ground on the platform as other commuters yell angrily at police.
As two officers, including Mehserle, hold Grant face down on the ground, Mehserle suddenly stands up, draws his gun and fatally shoots Grant in the back.
The bullet went through Grant's body, but rebounded back off the pavement, piercing his lung and killing him, AP reported.
Seconds earlier, Grant had "made a valiant effort ... by appealing to the officer's sense of humanity, [telling him] he had a four-year-old daughter", claims lodged by a lawyer say, according to the LA Times.
Grant was handcuffed after being shot dead, the claims said.
Grant worked as a local butcher and was considered a "peacemaker" by his friends, local media reported.
His death has provoked outrage, particularly as no action has been taken against Mehserle.
Mehserle, 27, was to meet internal police investigators last week to explain why he shot Grant, but did not show up. Instead, his lawyer and union representative turned up and announced he was resigning from the police force.
Now that Mehserle is no longer employed by police, he can exercise his constitutional right not to speak with investigators. He has also refused to speak publicly.
Grant's family has filed a $US25 million wrongful-death claim against the rail system and want Mehserle to be criminally charged.
Suicide victim’s family seeks damages from state
Michael Janicki told no one about the voices in his head ordering him to kill his father until the 19-year-old finally obeyed them, plunging a sword into his sleeping father's chest in 2002.
Even after he was found not guilty of his father's death by reason of insanity and sent to a psychiatric hospital, it took three years before the withdrawn and stoic South Brunswick High School graduate had a breakthrough: He confided to a therapist at Trenton Psychiatric Hospital that he was having thoughts of hurting himself because he was so distraught over devastating his family.
His mother, Cheryl Janicki, recalled their telephone conversation on Aug. 16, 2005, about his revelation to the therapist. "I told him I was proud of him and that he handled the situation exactly as he should have," she said.
But the hospital's response did more harm than good, according to his family, his journal entries and a wrongful-death lawsuit that prompted a hearing against the state that begins Monday.
Instead of providing more therapy and encouragement, his treatment team took away his job and off-site visits, and delayed plans to move him to a less-restrictive unit.
Family sues over girl’s death during tornado
For two years, Jaymi Wendt's wrongful death has been blamed on a tornado that ripped through Rogers, carving a 6-mile path of destruction. Now, attorneys for Jaymi's family say it was the poor construction of the house she was in, and not the tornado, that killed the 10-year-old girl.
"The tornado didn't kill the child; faulty construction caused her wrongful death," said attorney Patrick Sauter who represents Jaymi's mother, Jodi A. Wendt, and her brother, Jake Wendt, in a wrongful-death suit scheduled to begin today in Hennepin County District Court. "The tornado didn't harm anybody else," Sauter said last week.
Six people were treated for injuries and 340 houses were damaged in the Sept. 16, 2006, storm that moved so swiftly that weather officials did not have time to sound sirens. But Jaymi's death, which occurred at a neighbor's house built by Monarch Homes Inc. in 1998, might have been prevented had the house's foundation been more sound, Sauter said.
At issue are anchor bolts embedded in concrete blocks -- bolts that might not have been spaced closely enough together or deep enough to firmly secure the base of the house's walls, said Sauter, of the Minnesota Wrongful Death law firm Bassford Remele.