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Stage II -- Settlement Negotiations
Depending upon the facts of the case, the firm may engage in settlement negotiations with the responsible party or their insurance company to determine whether a just and reasonable settlement can be obtained without filing a lawsuit. This step is frequently done in automobile and trucking accident cases, but is done less frequently in medical malpractice actions.
In the settlement negotiation process, the firm collects and puts together all of the physical evidence about the accident or incident, documents regarding your damages (including medical bills and lost wages documents) and any necessary expert reports from physicians, economists, accident reconstructionists or others. Once this information is evaluated, we will work with you to determine an acceptable settlement range for your case and then submit a "demand" to the insurance company.
The negotiation process generally begins with a demand, which is a letter written on your behalf by Cash, Krugler & Fredericks, LLC, to the insurance company for the at-fault party. The demand sets forth the facts of the case, explains why the other party is responsible, provides documentation and evidence about your damages and injuries, and offers an amount to settle the case. The insurance company will then take anywhere from a week to a month to respond to the demand. Depending upon the response, negotiations will continue back and forth until either a settlement is obtained with your permission or we come to a impasse.
Cash, Krugler & Fredericks, LLC will never offer to settle a case or attempt to settle a case without your express permission to do so. As the client, you have control over any amounts that we offer to settle the case for and any amount that is accepted, though we will certainly provide you with our opinion based on our experience and research we may conduct on similar or comparable cases.
In the event that the case is settled, our attorneys will review settlement paperwork and discuss the options available to you for how the settlement will be paid. Generally, settlements can be paid in a lump sum (all at once), in a structure (periodic payments over months or years), or some combination of both. Cash, Krugler & Fredericks, LLC works with companies and individuals who specialize in providing you with information about structured settlements and the options available to you. These companies and individuals are provided at no cost to you, if you chose to use them.
In the event that an agreement cannot be reached with an insurance company we will proceed quickly with the filing of a lawsuit.
Stage III -- Litigation
Cash, Krugler & Fredericks, LLC believes in moving quickly and aggressively in the filing and prosecution of lawsuits in the event that a fair and just settlement cannot be obtained on your behalf. Generally, lawsuits in state court proceed in the following manner:
Complaint
The Complaint is the document filed on your behalf which sets forth the allegations about what happened and the damages you have sustained. The lawsuit is generally filed in the county where the defendant resides, although there are some exceptions to this rule. Once filed, the Complaint is personally served on each defendant by the sheriff's department or by a private process server hired by Cash, Krugler & Fredericks, LLC.
Answer
The Answer is the documents in which the defendants respond to each allegation contained in the Complaint. The defendants have thirty days to file an Answer after being served with the Complaint, and discovery begins once the Answer is served.
Discovery
After the answers are filed, a six month period of "discovery" begins. Discovery is the phase of litigation in which the parties obtain information, testimony, documents and other evidence from each other and from third parties who have information about the case. In most cases, written discovery is exchanged between the parties, which includes written questions, called interrogatories, and requests for documents. Your assistance in responding to written discovery requests will be required, so it is important that we always maintain accurate contact information and phone numbers for you throughout the litigation.
In addition to written discovery, depositions are taken of the parties, witnesses, experts and others with information about the case. A deposition is a meeting in which the opposing attorney will ask you questions under oath. The questions and your responses will be transcribed by a certified court reporter. An attorney from Cash, Krugler & Fredericks, LLC will sit down to go over the procedures and assist in preparing you for your deposition beforehand, and we will attend the deposition with you.
Cash, Krugler & Fredericks, LLC uses its best efforts to complete all necessary discovery within the six months time period. However, for a variety of reasons, sometimes discovery cannot be completed in six months. In those circumstances, an extension of discovery will generally be requested.
Motions
Depending upon the case, defendants may chose to file certain motions after discovery is complete in an effort convince the Court to dismiss some or all of the claims you have asserted. A motion is a document filed with the Court asking the Court to take some action, such as dismissing a case. Once a motion is filed the party opposing the motion has thirty days to respond. More often than not, a hearing is held by the Court to consider the arguments of the parties. Scheduling of the motion is in the complete control of the Court and judge. In some circumstances, the motion can be heard quickly, within two to three months. Unfortunately, in other circumstances, getting a hearing on a motion can take substantially longer.
After motions are heard, the case is generally ready to go to trial.
Mediation
If the parties believe it would be in their best interest to do so, a mediation may be scheduled at any time during the litigation. Mediation is a form of alternative dispute resolution which consists of a meeting between all the parties, their attorneys and a mediator, who is a neutral attorney. The mediator's role is to act as a referee between the parties, and the mediation is a setting in which the parties meet, present their sides of the case, and then discuss the possibility of settlement. Offers and counter-offers are exchanged until either a settlement is reached or until the parties agree to disagree. Mediations are non-binding.
Trial
One of the most frequently asked questions by clients is how long it takes to get a case to trial. Unfortunately, there is no simple answer to that question. The caseloads of different courts and different judges vary wildly. In some jurisdictions, it is possible to get a trial date shortly after discovery and motions have been completed. In other courts, it may take many months or a year or more.
Once discovery is completed and motions have been disposed of, Cash, Krugler & Fredericks, LLC will do everything we can to get your case onto a trial calendar and in the courtroom as soon as possible.
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