Unless you have been a party to a lawsuit before, it is difficult to know what to expect when you have been injured in an accident or incident. There is an understandable level of apprehension about the litigation process for victims and their families, particularly if there has been a serious injury or death. Under these circumstances, a lawsuit may be the single most important moment for their family’s future. Our attorneys understand this and we constantly strive to keep our clients informed and educated about the process, so there is one less thing to worry about.
The pages that follow contain a general summary of how the litigation process works at Cash, Krugler & Fredericks. This is merely a summary and the exact process will always vary depending upon the nature and facts of your case. We hope you find this information helpful and informative.
In many cases, there are steps that need to be taken immediately to locate witnesses and preserve evidence. It is vitally important to contact an attorney as soon as possible after an injury or death has occurred. There are no costs or fees for this consultation. If you are unable to travel because of your condition, our attorneys come to you. If we determine that Cash, Krugler & Fredericks can pursue your case, you will be asked to sign a contingency fee contract.
The first step in any lawsuit is to immediately conduct a thorough investigation. If you choose to retain our firm, we will immediately begin investigating your case, which may include interviewing witnesses, gathering and preserving physical evidence and hiring experts or investigators. Cash, Krugler & Fredericks strives to use world class experts in our cases, including accident reconstructionists, engineers, economists and physicians.
The investigatory stage can take anywhere from one to six months or more, depending upon the particular facts of your case. In medical malpractice actions, multiple medical experts are often required and their reviews can take considerable time. After the investigatory phase is over, the firm will make a final determination about whether the claim should be prosecuted.
Depending upon the facts of your case, our 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 used in automobile and trucking accident cases, but is rarely used in medical malpractice cases.
In the settlement negotiation process, the firm puts together all of the physical evidence about the accident, documents your damages (including medical bills and lost wages documents) and any necessary expert reports. 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. As the client, you have control over whether to accept or reject any settlement offers, though our attorneys will provide you with our opinion based on our experience and research on comparable cases. In the event that a settlement agreement is not reached, we will file a lawsuit.
At Cash, Krugler & Fredericks, our attorneys will file a lawsuit as soon as possible if a fair and just settlement cannot be reached. While every case is different, lawsuits in state court generally proceed in the following manner:
Initial Pleadings: A lawsuit is started by filing a Complaint, which alleges what happened, who is responsible and sets forth the damages you have sustained. Suit is normally filed in the county where the defendant resides, although there are some exceptions to this rule. The Complaint must be personally served on each defendant, who then has thirty days to file an Answer.
Discovery: After 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. Our firm uses its best efforts to complete all necessary discovery within the six months time period. However, extensions are sometimes necessary.
Motions: Depending on the case, defendants may chose to file motions after discovery, asking the Court to dismiss some or all of your claims. Such motions can delay getting to trial, though our attorneys always respond quickly and try to get a hearing and ruling from the Court quickly.
Mediation: 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. Unlike arbitrations or trials, where others decide what happens to your case, the parties to a mediation are the ones to decide whether to settle their case and at what value. The parties discuss their positions and the mediator acts as a referee between the parties, conveying offers and counter-offers. A mediation may be scheduled at any time during the litigation.
Trial: Our goal after filing suit is to get to trial as quickly as possible. 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. How long it takes to get to trial varies wildly depending on the court and the judge assigned to your case. In some jurisdictions, it is possible to get a trial date shortly after discovery and motions have been completed. In others, it may take many months or a year or more.
It is vitally important that you take certain steps to protect your rights when you have suffered an injury and may be entitled to damages. The following information is a summary of steps you need to take to protect your claims and to help prevent insurance companies and others from damaging your case.
After an accident occurs, particularly automobile or trucking accidents, you will be contacted by a representative from the at-fault party's insurance company or its investigator. They may say you “need to talk to them” in order to set up the claim.
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In an effort to take advantage of injured victims of accidents, insurance companies and others may try to get you to sign releases or waivers after you have been injured without fully explaining the effect of the document
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Whenever someone has been seriously injured, it is imperative that you consult with an attorney before trying to negotiate a settlement. Often times, victims of accidents will attempt to negotiate with an insurance company before consulting an attorney because they believe an attorney will cost too much money and that they can recover more alone. More »
When a serious injury occurs, there are often many issues that require immediate attention of the victim and their family: medical treatment and recovery, medical bills and expenses, lost time work, etc. It is important, however, to document the immediate effects of the accident for use down the road.
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