Jason Roth

www.rothdavies.com
913-451-9500

Today I’d like to talk to you about a typical lawsuit arising out of a car wreck. Many times, people come and they ask me, “Well what does a lawsuit entail? I was in a car wreck. I suffered injuries and missed some work. What does a lawsuit entail?” A lawsuit begins by filing a Petition for Damages, which simply lays out facts of the incident that gave rise to the lawsuit as well as lays out what your injuries and damages are. After the lawsuit has been filed it has to be formally served on the defendant or defendant’s, whether it be an individual or a company. In response, the defendants file what is called an Answer to the Petition. That simply responds to the allegations that we’ve raised in the petition to initiate the lawsuit. After the defendant has filed an answer and responded to the allegations, the next step typically is called written discovery. Written discovery generally consists of interrogatories which are written questions that each side sends to the opposing side to be answered under oath. It’s the first form of sworn testimony in the case. The questions are answered and then signed with a sworn statement stating that they are true and correct. Another form of written discovery is request for production of documents. In the request for production of documents, it is exactly what it says. You are simply requesting that your opponent produce for you documents and materials that may be relevant to the case. In a personal injury case, many times the defendant asks for all of a person’s medical records, medical bills, medical history, employment records, the employment history. The plaintiff in a case typically seeks documents from the defendant relative to their training, education experience, things like that relative to the facts in that particular lawsuit. Another form of written discovery is request for admissions. This is simply sending a request to the opposing party that they admit certain statements of fact. Once the request for admissions, if admitted, that is no longer in controversy. After the parties have conducted written discovery, whether it be interrogatories, request for production of documents, or request for admissions, the next step is typically depositions. A deposition is where the parties sit in typically a conference room and there is a court reporter present. Sometimes the depositions are video-taped and an attorney has the opportunity to ask the party or witnesses questions under oath. A deposition is generally a question and answer format where you provide answers to specific questions that relate to the claims that are made in the lawsuit. After depositions are taken, the parties have an opportunity to evaluate their position, the witnesses in the case, and many times the documents that have been exchanged. The next step is expert discovery. The expert’s in a case range from doctors, economists, lifecare planners, accident reconstructionists. Depending on what variables are in play in the lawsuit, there can be up to 5 or 10 expert depositions taken to determine what the opinions are of the experts. Mediation is where the parties sit down with a third party and attempt to resolve the case. At that point the plaintiff extends a demand and the defendant extends offers. The parties attempt to resolve the case on mutual agreeable terms. If the case is not able to be resolved, then the parties move to trial. I hope this has given you an overview on the typical car wreck lawsuit. If you’ve been in a wreck and you need representation or you have any questions, please feel free to call me at (913)-451-9505. Thank you for watching.

www.rothdavies.com
913-451-9500

Today I want to talk to you about hiring the right lawyer. Many times, folks ask me how do I know if I’m hiring the right lawyer? How do I know if they are good? How do I know what their track record is? First and foremost is a recommendation from another lawyer or a past client is a good start. You would want to meet and discuss your case with a lawyer that is actually going to be handling your case. In that meeting, the lawyer should be willing to provide you with his or her credentials and qualifications and be willing to discuss their work history. More importantly, in discussing your case you want to have a certain comfort level with that lawyer. Open, honest, easy communication is important for the attorney-client relationship. As the client, you should be comfortable sharing your feelings and experiences with your lawyer. Likewise, your lawyer should be a good listener and be willing to listen to how the injuries have impacted your life. You want to look at a lawyers’ credentials and experiences and see whether they have handled cases similar to yours. There is a variety of ways that motor vehicle collisions happen. Some involve buses, some involve trucks, some involve passenger cars, some involve motorcycles. You’re going to want to ask the lawyer have you handled a case involving a school bus, if your case involves a school bus. Have they tried a case involving a motorcycle to a jury? Those are questions that as a potential client you want to know whether your attorney has experience handling cases similar to yours. You will also want to look at the online reviews. I wouldn’t rely entirely on the internet to determine if a lawyer is right for you, however I would encourage looking at past client reviews or testimonials to get a sense of how that lawyer related with past clients. I also wouldn’t rely on advertising. Again, the meeting with the lawyer face-to-face and discussing your case is probably the best way to determine what lawyer is right for you. You also want to ask the lawyer’s track record in trying cases to a jury. You’ll want to know if your lawyer is actually willing to try the case to a jury and take the matter to a verdict. Ask for references. Past clients will verify the work performed by the lawyer. Lawyers should be happy to provide you with a list of past clients, so they can tell you whether they were satisfied with the representation and work performed. If you are looking for a lawyer, I welcome the opportunity to speak to you. My name is Jason Roth and you can reach me at (913)-451-9500. Thank you for listening.

www.rothdavies.com
913-451-9500

One of the questions that I get often is “how do I know if I have a good case?” A good personal injury case involves strong liability. That is the person or company responsible for your injuries, the claim against them is very strong in terms of liability. They are at fault and that they caused your injuries. Unfortunately, a good case means that the injuries are severe or catastrophic. The insurance companies certainly compensate folks based on how severe the injuries are. When somebody asks if they have a good case there is really two different aspects to that. One is liability and the second is damages. The damages depend on the nature and extent of the injuries, how much medical treatment you’ve received which correlates to how large are the medical bills and expenses. Another factor in determining whether you have a good case would be whether you missed any work, whether you have lost wages, or whether you have lost the ability to earn in the future. Another important factor is whether there are any future medical expenses that are needed to care for you based on the injuries you sustained. If you have any questions about whether you have a good case, feel free to contact me at 913-451-9500.

www.rothdavies.com
913-451-9500

Hello, my name is Jason Roth. I’m an attorney with the law firm of Roth Davies. I want to talk to you today about determining damages in a personal injury case. There are a couple elements of damages that you are entitled to seek in a personal injury case. The first of which is medical bills. In a case, you are allowed to get compensation for both past medical bills and future medical bills. That is the bills that you have incurred thus far and then be compensated for bills that you are reasonably expected to incur in the future. The next element of damages is wage loss or loss of earning capacity. Again, you are able to recover for past wage loss as well as future projected wage loss or loss of earning capacity. The final element of damages is for pain and suffering. In a number of states there are caps on damages for pain and suffering. So, that is determined on a case by case and state by state basis. Ultimately, the damages in a case are determined by the full nature and extent of the injuries sustained and the damages that flow from that. A temporary injury that heals completely is a case where there would be no future medical bills because you are fully healed. There would also be no future wage loss or loss of earning capacity because the injury has completely resolved. Separate from that, there might be a case where a permanent injury that forever alters your life and ability to do activities in your daily living. In a case such as that, you would likely have significant future medical treatment that would be calculated by an expert witness or expert witnesses, like doctors or life care planners. You would also have, in a case where there is a catastrophic permanent injury, you would likely have a significant future wage loss or a decreased earning capacity. If you have been injured in a situation and you would like to talk to a personal injury lawyer, feel free to contact me at 913-451-9500.