A Law Firm
Concentrating
in Personal Injury Law
Concentrating
in Personal Injury Law
A Law Firm Concentrating in Personal Injury Law
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Personal Injury Primer Podcast -
Fighting For Truth: A Trial Lawyer’s Insight Into What It Takes To Win
A Law Firm Concentrating in Personal Injury Law
Experienced Indiana Personal Injury Attorneys
The Law Offices of David W. Holub, P.C., strives to represent each client aggressively and to obtain prompt and favorable results. We not only aggressively pursue our client’s best interests, but we remain accessible and attentive to our client’s needs.
About the Firm
The Law Offices of David W. Holub is a personal injury law firm located in Merrillville, Indiana, focused on providing efficient and effective client-centered representation. Our mission is to provide top quality legal representation, which includes an uncompromising pursuit of our client’s legal interests, while being accessible and attentive to our clients during times of personal challenge.
The firm concentrates in personal injury cases of all types, medical malpractice, and wrongful death litigation. We work tirelessly to serve each client aggressively and with empathy, to communicate regularly and clearly, and to obtain prompt and favorable results, while adhering to the highest standards of excellence and integrity. Our team considers it a high honor to be called upon to serve our clients whom we often come to regard as our friends.
Serving Our Clients
Most of our clients come from the local communities in Lake County, Porter County, LaPorte County, Newton County, Starke County and Jasper County. In Lake County, we have clients who live in Crown Point, East Chicago, Gary, Hammond, Hobart, Lake Station, Whiting, Cedar Lake, Dyer, Griffith, Highland, Hobart, Lowell, Merrillville, Munster, New Chicago, Schererville, Schneider, St. John, and Winfield. From Porter County we have clients who live in Portage, Valparaiso, Chesterton, Beverly Shores, Burns Harbor, Dune Acres, Hebron, Kouts, and Ogden Dunes.
From LaPorte County we have clients living in La Porte, Michigan City, Kingsbury, Kingsford Heights, LaCrosse, Long Beach, Michiana Shores, Wanatah, and Westville.
We also have represented clients from the Indiana communities of Rensselaer, Kentland, Knox, Winamac, Elkhart, South Bend, and Lafayette.
Additionally, we do have attorneys admitted to the state and federal courts in Illinois and consequently handle a small number of cases in Northeast Illinois.
What to expect when filing a lawsuit
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OneInvestigating
The process typically begins in an investigation phase before a lawsuit is filed in court.
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Researching Facts
Your attorney researches and gathers the necessary facts to prove your case—including information about the extent of your damages and the liability of the party who injured you. This may involve:
- reviewing medical records
- traveling to the scene of an injury incident
- obtaining witness statements
- analyzing video recordings or photographs of the incident
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Researching Law
Your attorney researches and evaluates the relevant law governing your case, which includes determining the right:
- jurisdiction (where your case could be filed)
- parties who must or can be brought into the case if it is filed, and
- legal theory of your case
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Communicating with You
Along the way, your attorney updates you about any negotiations or case developments.
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TwoNegotiating Pre-Suit
Many personal injury cases settle before a lawsuit is filed in court.
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Negotiating with Insurance
Your attorney negotiates with the insurance company of the party who injured you and informs you of any monetary offers that are made.
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Advising You
If offers are made, then your attorney advises you on whether to accept a settlement offer, but the decision is ultimately yours.
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Three
Filing Suit
Sometimes parties are not able to reach a satisfactory settlement without involving the court, so your attorney files a lawsuit.
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Getting Court Deadlines
Once a lawsuit is filed, a judge sets initial deadlines outlining when certain phases of the case are to be completed before trial. This pre-trial phase, also known as the discovery phase, allows time for the parties to gather evidence and file motions.
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Gathering Written Evidence
The lawyers for each party usually exchange written questions (called interrogatories) and requests for documents, so your attorney will meet with you to go over your answers and make objections to any improper questions.
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Taking Depositions
Besides asking written questions, the lawyers for each party may also depose, or verbally question, individuals with relevant information to your case.
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FourMediating a Settlement
As the case progresses, the judge often requires parties to a lawsuit to attempt to resolve their dispute outside of court at what is called a mediation.
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Majority of Cases Settle
92 – 97% of all civil litigation ends in settlement or dismissal before trial.
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Benefits of Settling Before Trial
Resolving a dispute through settlement before trial avoids delay, removes the inherent uncertainty of trial, and reduces legal fees and expenses.
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Mediation Process
At mediation, the parties use an agreed-upon neutral third-party (usually another lawyer) who meets individually with the parties and their attorneys, confidentially discussing with them different aspects of the case in order to facilitate communication between the parties detached from emotion, frame the issues, relay concerns, and otherwise help the parties find points of agreement.
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Mediator’s Role
The mediator is not a judge and does not decide any issues, but rather helps the parties reach an agreed-upon solution.
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Five
Going to Trial
If a case is unable to be resolved outside of court, then it goes to trial and is decided by either a judge or a jury.
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Trial Process
A trial generally consists of jury selection, opening statements, direct examination and cross-examination, exhibits admitted into evidence, and closing arguments. Afterwards, the jury deliberates and renders a verdict—a finding on whether the defendant is liable, and if so, what dollar amount of damages are owed.
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Degree of Proof
Your attorney presents your personal injury case to the jury, and must present sufficient proof on each element of a legal claim so that the jury will find each claim more likely true than not.
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SixFiling Post-Trial Motions & Appeals
Just because a case has gone to trial does not necessarily mean that it is over. There are a few things that can happen after trial that can keep a case ongoing.
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Limited Time to File
After a verdict, there is a set number of days in which a party who wants to contest the verdict may file post-trial motions and an appeal.
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Case May Remain Pending
Even if you win at trial, your case may not be over. The defense could file a motion for a new trial or make an appeal, asking a higher court to reconsider the case.
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SevenDistributing a Settlement or Award
Once a case settles or a trial results in an award, your attorney follows a strict process to ensure the money is safe-guarded and distributed properly under the law.
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Communicating with You
Your attorney meets with you to go over how the money will be distributed long before it is time to prepare the checks, so there are no surprises.
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Safe-Guarding the Funds in a Trust Account
Before you can receive your settlement or award amount, your lawyer deposits the settlement or award check in a trust account that is protected according to Indiana guidelines. It is held there for a minimum of ten business days so it can clear.
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Distributing the Funds
The funds are divided according to an agreed distribution, in which a portion goes not only to you, but also towards attorney fees, case expenses, and lienholders like Medicare or other health insurers.
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