I. HOW YOUR CASE IS HANDLED

Initially
Your attorney initially must investigate the facts of your case to begin learning whether you have a good, bad or uncertain case. From this point, and until your case is completed, it is essential that your attorney acquire up-to-date medical records on your health. In this respect, you should tell us about all prior injuries and illnesses you may have had and of any additional injuries or illnesses you receive later. The insurance company may contend that your medical condition is bad because of prior or later injuries instead of the injuries in this case, thereby reducing your case's value. (We need to know this.)

Settlement
After learning the facts of your case and of your medical condition, your attorney will, in most cases, contact the insurance company or the person who hurt you. (You should never contact them yourself.) Cases are rarely settled early, but this contact begins the process. Some cases, of course, are never settled; many insurance companies will not settle cases until we have filed suit and are in the courtroom. Some cases are settled after trial and during appeal. Remember, if the insurance company won't settle, there is nothing we can do except file suit and go to trial.

II. THE TRIAL PROCESS

After filing the suit, the papers must be served on the Defendant. This may take from one day to two months. The Defendant then has thirty days for his lawyer or his insurance company's lawyer to file a written reply.

Interrogatories
You may expect, soon after the Defendant replies, to have to answer written interrogatories. These are written questions which you must answer. They usually deal with the facts of your case, your injuries, your past medical history, your jobs, your family, your income for the last several years, other lawsuits you may have been in and your driving record. These may be used in court as your testimony. Do not worry, we will help you with these interrogatories.

Depositions
At some point, the Defendant or insurance company will probably take your deposition. This is your testimony about your case. A court reporter will be present and the lawyer for the Defendant will ask you questions just as in court. This usually takes place in one of the lawyer's offices.

This may seem like harassment, but it isn't. We will usually submit interrogatories to them and take their depositions so the inconvenience affects them equally. Your attorney will notify you well in advance and help you with interrogatories and prepare you for your deposition. Remember, your attorney will also be with you when and if your deposition is taken.

The Trial
If it becomes necessary to try your case before a jury, then you will generally need witnesses as follows:

If you do improve to such an extent that you can perform certain duties but are unable to perform duties that require stooping, lifting, etc., which cause pain and discomfort, it is very helpful to have two or three people who have worked with you or watched you attempt to work after you were injured, who will later come to Court and be willing to testify.

In trial, it will be necessary that you testify and tell your story. Your witnesses will testify also. Your doctor will probably testify either in person or by his deposition. In many trials, exhibits, such as photographs, scale models, and diagrams will be used. We will need your help in preparing these items. After we present our evidence, the Defendant can present its evidence to contest your claim or to show you are not hurt as badly as you claim. Following this evidence, the jury or judge renders its decision. Remember, there are two sides to every case. Keep an open mind about their side of the case to help us prove in Court that your side should win.

Appeals
The loser in any case always has the right to appeal to a higher court. There are literally dozens of questions about the facts of the case, the law, and legal procedure on which a case can be appealed. This process can take over one year.

III. A FINAL NOTE

The law is very complex. You have undoubtedly heard of "technicalities" on which a case is lost (or won). But the law and its technicalities, in an insurance case, a car wreck, a death case, and in every other case, apply to the facts of the case. We count on you to help us learn and prove the facts about "what happened" and about you.

Contact Us
We will review your case free of charge, all you have to do is email us.

Telephone: (402)477-2233 or toll free at (888) JIM-CADA
Address: 1024 K Street
Lincoln, NE 68508
E-mail: jim@cadalaw.com

We also offer consultations or referrals on other legal matters.

Viewing our website and communicating with us by electronic mail or making a general inquiry does not create an attorney-client relationship. See our Disclaimer if you have additional questions.

© Copyright 2003: Cada, Froscheiser, Cada & Hoffman (Pending)

Law Office
1024 K Street
Lincoln, NE 68508

Phone: (402) 477-2233
Toll Free: (888) JIM-CADA
Fax: (402) 477-2286
Email: Jim@cadalaw.com