There is a progression of events as representation of a client moves forward. We can provide competent assistance and legal representation at each and every stage.
CLAIMS
First, before filing a lawsuit we generally present a claim or a demand for payment on behalf of our client. We initially offer proof of the claim by gathering and submitting written records and documents to support the injury, loss or damage sustained by the client. This includes proof of liability on the part of the adverse party or insurer, as well as establishing the amount owed. As a general rule, most clients whose bodily injury or property damage claims have been denied or who have received low settlement offers have not documented the loss to the satisfaction of the party insurer which is liable to pay the loss. We can help you document your claim and increase your settlement offer. Many claims are settled at this stage.
LITIGATION
If we are unable to resolve your claim to your satisfaction, upon mutual agreement and with your permission we will file suit on your behalf against the liable party or insurer. This stage is referred to as “litigation.” During litigation, there is a discovery process available which allows each side to obtain facts and documents from the other side pursuant to applicable rules of procedure. Discovery includes the submission of written questions (called “interrogatories”) which must be answered in writing and under oath, as well as requests for documents (such as medical records) or other items (such as photographs or physical evidence) which may be relevant to issues of damages or liability. Some of the documents requested by the other side may be subject to a privilege against disclosure, which we will assert on your behalf as appropriate (such as irrelevant medical records). During the discovery process, the parties to the lawsuit also have the right to take the depositions (sworn testimony before a court reporter) of the opposing parties, as well as of other witnesses. The discovery process educates the parties and their attorneys concerning the strengths and weaknesses of the case.
During litigation the Court usually imposes deadlines for completing discovery and for disclosing the identities of lay and expert witnesses who may testify. There are also deadlines for responding to discovery requests. Clients must assist us in meeting these deadlines.
During the litigation process, each side may also file motions to obtain legal rulings from the court which are to their advantage.
MEDIATION
These days most courts require the parties to the litigation proceeding to engage in formal mediation of their claims before proceeding to trial. After completing such discovery as the parties and their lawyers deem necessary, the parties typically hire an experienced mediator, such as a former judge or a knowledgeable attorney, to help them settle their claim, if possible. We provide the mediator with a detailed written statement on our client’s behalf which sets forth the evidence we have to support our client’s claim. We also appear with our client at the mediation and make additional oral statements in support of the case. Our clients are encouraged to participate and speak out during the mediation process. Most lawsuits are settled before trial as a result of the mediation process. Settlements, however, are always voluntary.
TRIAL
If we are unable to resolve your claim to your satisfaction, you are entitled to a trial. In a personal injury action, trial is usually to a jury of six. In a workers compensation claim, trial is to an administrative law judge. In a commercial claim, trial may be to a jury or to the court, depending on strategy.
Generally speaking, proceeding to trial is expensive and the results are uncertain. Insurance companies have poisoned the jury pool with misinformation in their advertising, and their attorneys attempt to paint honest people as frauds. They are aided by politicians, who have received substantial contributions from the insurance industry and who frequently blame injured parties and their lawyers for our country’s economic woes.
But don’t be discouraged. Experienced trial lawyers can counteract these unfair tactics, and cases are therefore still won every day in courtrooms across America. If a trial is necessary in your case, we have the skill and experience necessary to represent you successfully at the courthouse.
In his 37 years of trial and personal injury practice, Gary Sandblom has handled well over one thousand bodily injury and insurance claims and has tried at least one hundred jury trials against some of the finest.
Our goal in general is to litigate aggressively, to force production of insurance files in discovery, to file beneficial motions when the opportunity is available, to keep the opposition on the defensive, to put the opposition in a position where a reasonable settlement appears to be their best option, and to avoid trial when a reasonable settlement can be obtained. We recommend trial as an option for resolution of your dispute when we believe it is likely that we will prevail and that you, our client, will be better for it. |