Timeline for a typical personal injury or wrongful death case
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 Wisconsin wrongful death case or Minnesota wrongful death case.
After a serious accident occurs, most cases follow a pattern:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Nebraska wrongful death lawsuit
As is common in other states, Nebraska wrongful death lawsuits are generally originated by a surviving family member. It is necessary to contact an Iowa personal injury attorney to handle these cases, which can be generated from a number of causes including accidents, medical malpractices, criminal attacks, and work or play related activities.
Damages in an Nebraska wrongful death lawsuit can include loss of income, loss of spousal relations, loss of past, present and future expected income, medical costs, emotional distress, and other damages from the time of the action that resulted in death.
Many Nebraska wrongful death lawsuits are settled for lesser sums out of court. Juries can mete out criminal punishment if warranted. Common causes for wrongful death include falls, drowning, poisoning, vehicular accidents, workplace accidents, and fires. Consult a licensed Nebraska attorney for guidance if you feel you have a potential cause for a wrongful death case.
Minnesota wrongful death lawsuit
As is common in other states, Minnesota wrongful death lawsuits are generally originated by a surviving family member. It is necessary to contact an Iowa personal injury attorney to handle these cases, which can be generated from a number of causes including accidents, medical malpractices, criminal attacks, and work or play related activities.
Damages in an Minnesota wrongful death lawsuit can include loss of income, loss of spousal relations, loss of past, present and future expected income, medical costs, emotional distress, and other damages from the time of the action that resulted in death.
Many Minnesota wrongful death lawsuits are settled for lesser sums out of court. Juries can mete out criminal punishment if warranted. Common causes for wrongful death include falls, drowning, poisoning, vehicular accidents, workplace accidents, and fires. Consult a licensed Minnesota attorney for guidance if you feel you have a potential cause for a wrongful death case.
Iowa wrongful death lawsuit
As is common in other states, Iowa wrongful death lawsuits are generally originated by a surviving family member. It is necessary to contact an Iowa personal injury attorney to handle these cases, which can be generated from a number of causes including accidents, medical malpractices, criminal attacks, and work or play related activities.
Damages in an Iowa wrongful death lawsuit can include loss of income, loss of spousal relations, loss of past, present and future expected income, medical costs, emotional distress, and other damages from the time of the action that resulted in death.
Many Iowa wrongful death lawsuits are settled for lesser sums out of court. Juries can mete out criminal punishment if warranted. Common causes for wrongful death include falls, drowning, poisoning, vehicular accidents, workplace accidents, and fires. Consult a licensed Iowa attorney for guidance if you feel you have a potential cause for a wrongful death case.
Should people bring wrongful death cases against the person responsible?
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 or South Dakota 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.
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.
Practice styles of personal injury law firms
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.