Frequently Asked Questions
Q: Why do I need a lawyer?
A: There are many reasons to hire a lawyer to handle your case. First, a good lawyer will give you peace of mind so that you can focus on healing your injuries and the many other aspects of your life. Second, we know how to gather evidence to maximize the result in your case. Third, we are used to dealing with insurance companies and are comfortable doing so. Many people do not realize that many insurance companies assign specially-trained adjusters to deal with unrepresented accident victims. These adjusters may try to get away with things that they would not attempt with experienced attorneys. Fourth, many factors go into calculating the value of a case. John and Eric are familiar with these factors and use their experience and numerous tools to evaluate their cases. An unrepresented person or lawyer who doesn’t routinely handle personal injury cases is simply not equipped to maximize the amount recovered from the insurance company.
Q: Why choose lawyers who spend the majority of their time handling personal injury cases?
A: The law has become remarkably specialized. Just as you would not want to hire a person who does only oil changes to rebuild your car’s engine, you should not hire a lawyer who dabbles in personal injury law to handle your case. Because the law is constantly changing and requires a great deal of time to keep up with these changes, John and Eric routinely attend continuing legal education seminars, and read books and articles, to keep up with the latest developments in personal injury law, litigation, and trial practice.
Q: Why should I hire a lawyer as soon as possible after my accident or bad medical outcome?
A: Important evidence may be lost or mistakes made if you don’t act quickly. We’ve all heard the maxim that “a picture is worth a thousand words.” In injury cases, that maxim rings sharply. For example, in an accident case, we may want to photograph the involved vehicles before they are repaired or salvaged, and any evidence of your injuries (bruising, bleeding). We may need to examine the vehicles to determine whether there was a product failure. We may need to hire an expert to perform an accident reconstruction. In a slip and fall case, we will ask you to keep your footwear, and possibly, the clothes you had on. Perhaps most importantly, insurance companies often ask to take recorded statements of unrepresented accident victims. These statements almost never benefit the accident victim and can often severely damage your case. For example, some people who are in accidents feel pain for the first time a day or two after the accident. If such a person gives a recorded statement to an insurance adjuster five hours after an accident and says that he or she is not in pain, a jury hearing the case over one year later may not believe that this person was truly hurt. John and Eric sometimes allow their clients to give recorded statements at an appropriate time when mandated by an insurance company, but they will always be present for the statement in order to protect the client’s interest.
Q: Is it important to meet the lawyer I will be speaking with about my case?
A: Absolutely. You will develop a relationship with your lawyer. This relationship is essential to developing the reciprocal trust that you will need to have in your lawyer and that your lawyer needs to have in you. At Mesirow & Stravitz, we know we have done our job well when our clients consider us friends.
Q: Why choose Mesirow & Stravitz?
A: Nearly all of the cases John and Eric handle involve personal injuries from accidents, negligence, medical malpractice, premises liability or a lack of premises security. We believe in providing the quality work product of a large law firm (we both have worked at large firms) in a more nimble, small-firm environment that is comfortable for our clients. We are both very experienced at the work we do. We promise that one of us will always be in charge of your case. This is far different than many law firms, including most advertising firms. At many of these firms, your cases will be passed off to an associate or a paralegal, or a lawyer outside of the law firm you thought you hired. Not so at Mesirow & Stravitz, where John or Eric will remain in charge of your case until its conclusion. Perhaps most importantly, at Mesirow & Stravitz, we are comfortable in the courtroom. This is your ultimate leverage against an insurance company. If the insurance company believes that your lawyer is afraid to try, or incapable of trying your case, this will drive down the case’s potential value. Although we can never guarantee the result of any particular case, if you hire us, you can rest assured that, if a lawsuit is necessary in order to get the recovery to which you are entitled, we will be ready to aggressively pursue your case through the litigation process, and to a bench (judge only) or a jury trial.
Q. What happens with my case after a lawsuit is filed?
A: Although there are variations, depending on where your lawsuit is filed, you can generally expect the following:
1. We will prepare written discovery called “interrogatories” (written questions that must be answered by the defendant under oath) and a “request for production of documents” (this device allows us to get important documents and photographs from the defendant, and his or her lawyer and insurance company).
2. We will then hire a private process server to hand-deliver a copy of your lawsuit to each defendant in your case along with interrogatories and a request for production of documents.
3. Typically, the defendant’s insurance company will hire a lawyer for the defendant. This lawyer will then file an “answer” to our lawsuit and will send it to us along with “interrogatories” and a “request for production of documents.” We will work with you to answer these “interrogatories,” which you will have to sign under an oath to tell the truth. After consulting with you, we will prepare a response to the each defendant’s request for production of documents (you need not sign this response).
4. Once written discovery is completed, and sometimes beforehand, the parties will take “depositions.” Depositions are interviews conducted in a lawyer’s office, under oath, with a court reporter present to record all of the questions and answers. We always meet with our clients before their depositions take place. About a week after a deposition is completed, the court reporter will send the lawyers a transcript of it. Typically, we will depose the defendant and the defense attorney will depose our client (the plaintiff). Sometimes, depending on tactical considerations, the attorneys will also depose fact and expert witnesses. It should be noted that depositions rarely occur in cases filed in Maryland District Courts and Virginia General District Court. Additionally, these Courts do not conduct jury trials. Instead, they have Judge only or “bench trials.”
5. Once written discovery and all depositions have been completed, the parties to the case may explore settlement by simply talking among themselves, or they may agree to use various methods of Alternative Dispute Resolution or ADR. These methods are discussed below. One Court in handle cases, D.C. Superior Court, orders the parties in most cases to “mediate” (see “What is mediation,” below) their lawsuit. Of course, if both sides are willing, the parties can discuss settlement at any time, even during trial.
6. Although we prepare all of our cases with trial in mind, once it becomes clear that a case will not settle, we will prepare more specifically for trial. For example, for a jury trial, we will prepare: (1) any pretrial statements requested by the Court, (2) “voir dire” (the written questions we would like the potential jurors to be asked in jury selection), (3) the “exhibits” that we intend to show the jury; (4) jury instructions (instructions that we would like the Judge to read to the jurors at the end of the case); (5) memoranda of law we believe are necessary to advise the Judge about our positions in the case; (6) motions in limine we believe are necessary to keep the jury from considering improper evidence (7) one or more “verdict sheets,” which are the documents on which the jury renders its verdict, and, of course, (8) an opening statement, direct examinations or cross-examinations of witnesses, and a closing argument.
7. Lastly, in some cases tried to a jury or judge, it may be necessary to file or respond to “post-trial motions” or an “appeal.”
Q: What is Alternative Dispute Resolution or ADR?
A: ADR comprises various ways of resolving cases without actually going to trial. Some examples include: mediation, arbitration, and neutral case evaluation. These will be discussed further below. ADR can take place either before or after a lawsuit is filed. Because of the time, money, and uncertainty involved in trying cases to juries, the use of ADR has significantly increased nationwide during the past decade.
Q: What is mediation?
A: Mediation involves assembling the parties to a claim or case in a conference room and having the mediator (usually a lawyer or retired judge) talk to each side together, and then privately, in an attempt to settle a case. The mediator typically has no power to force a settlement or resolution of a case, but rather, attempts to push both sides together until the case settles.
Q: What is arbitration?
A: Arbitrations are essentially less formal, time consuming, and expensive trials held in a conference room with an arbitrator (usually a lawyer or retired judge) who reviews documents submitted by the parties’ lawyers, hears testimony from witnesses, hears arguments from the lawyers, and then renders a decision. Whether that decision resolves a case will depend on whether the parties agreed to make the arbitration binding (the decision will resolve the case) or non-binding (it won’t resolve the case). At Mesirow & Stravitz, PLLC, we almost never agree to non-binding arbitration. Often, in order to give some certainty to the parties, binding arbitrations involve the use of a “high/low agreement.” This means that if the arbitrator’s decision is less than the amount of money agreed upon as the “low,” our client will get the “low.” Conversely, if the arbitrator’s decision exceeds the amount of money agreed upon as the “high,” our client will receive the “high.” Typically, if the parties’ work out a high/low agreement, it is not disclosed to the arbitrator.
Q: What is neutral case evaluation?
A: These involve the parties’ submitting information about the case to a “neutral case evaluator” or “neutral” (usually a lawyer or retired judge), who then tells the parties what he or she believes the case is worth. The idea is that if one or both parties have an unrealistic view of the value of a case, the neutral can educate that party about the true value of the case and foster settlement.
* * *
If you have any questions about the above, please call us at 202-463-0303 or, toll-free, at 866-463-0303.
Copyright © 2007, Mesirow & Stravitz, PLLC
A: There are many reasons to hire a lawyer to handle your case. First, a good lawyer will give you peace of mind so that you can focus on healing your injuries and the many other aspects of your life. Second, we know how to gather evidence to maximize the result in your case. Third, we are used to dealing with insurance companies and are comfortable doing so. Many people do not realize that many insurance companies assign specially-trained adjusters to deal with unrepresented accident victims. These adjusters may try to get away with things that they would not attempt with experienced attorneys. Fourth, many factors go into calculating the value of a case. John and Eric are familiar with these factors and use their experience and numerous tools to evaluate their cases. An unrepresented person or lawyer who doesn’t routinely handle personal injury cases is simply not equipped to maximize the amount recovered from the insurance company.
Q: Why choose lawyers who spend the majority of their time handling personal injury cases?
A: The law has become remarkably specialized. Just as you would not want to hire a person who does only oil changes to rebuild your car’s engine, you should not hire a lawyer who dabbles in personal injury law to handle your case. Because the law is constantly changing and requires a great deal of time to keep up with these changes, John and Eric routinely attend continuing legal education seminars, and read books and articles, to keep up with the latest developments in personal injury law, litigation, and trial practice.
Q: Why should I hire a lawyer as soon as possible after my accident or bad medical outcome?
A: Important evidence may be lost or mistakes made if you don’t act quickly. We’ve all heard the maxim that “a picture is worth a thousand words.” In injury cases, that maxim rings sharply. For example, in an accident case, we may want to photograph the involved vehicles before they are repaired or salvaged, and any evidence of your injuries (bruising, bleeding). We may need to examine the vehicles to determine whether there was a product failure. We may need to hire an expert to perform an accident reconstruction. In a slip and fall case, we will ask you to keep your footwear, and possibly, the clothes you had on. Perhaps most importantly, insurance companies often ask to take recorded statements of unrepresented accident victims. These statements almost never benefit the accident victim and can often severely damage your case. For example, some people who are in accidents feel pain for the first time a day or two after the accident. If such a person gives a recorded statement to an insurance adjuster five hours after an accident and says that he or she is not in pain, a jury hearing the case over one year later may not believe that this person was truly hurt. John and Eric sometimes allow their clients to give recorded statements at an appropriate time when mandated by an insurance company, but they will always be present for the statement in order to protect the client’s interest.
Q: Is it important to meet the lawyer I will be speaking with about my case?
A: Absolutely. You will develop a relationship with your lawyer. This relationship is essential to developing the reciprocal trust that you will need to have in your lawyer and that your lawyer needs to have in you. At Mesirow & Stravitz, we know we have done our job well when our clients consider us friends.
Q: Why choose Mesirow & Stravitz?
A: Nearly all of the cases John and Eric handle involve personal injuries from accidents, negligence, medical malpractice, premises liability or a lack of premises security. We believe in providing the quality work product of a large law firm (we both have worked at large firms) in a more nimble, small-firm environment that is comfortable for our clients. We are both very experienced at the work we do. We promise that one of us will always be in charge of your case. This is far different than many law firms, including most advertising firms. At many of these firms, your cases will be passed off to an associate or a paralegal, or a lawyer outside of the law firm you thought you hired. Not so at Mesirow & Stravitz, where John or Eric will remain in charge of your case until its conclusion. Perhaps most importantly, at Mesirow & Stravitz, we are comfortable in the courtroom. This is your ultimate leverage against an insurance company. If the insurance company believes that your lawyer is afraid to try, or incapable of trying your case, this will drive down the case’s potential value. Although we can never guarantee the result of any particular case, if you hire us, you can rest assured that, if a lawsuit is necessary in order to get the recovery to which you are entitled, we will be ready to aggressively pursue your case through the litigation process, and to a bench (judge only) or a jury trial.
Q. What happens with my case after a lawsuit is filed?
A: Although there are variations, depending on where your lawsuit is filed, you can generally expect the following:
1. We will prepare written discovery called “interrogatories” (written questions that must be answered by the defendant under oath) and a “request for production of documents” (this device allows us to get important documents and photographs from the defendant, and his or her lawyer and insurance company).
2. We will then hire a private process server to hand-deliver a copy of your lawsuit to each defendant in your case along with interrogatories and a request for production of documents.
3. Typically, the defendant’s insurance company will hire a lawyer for the defendant. This lawyer will then file an “answer” to our lawsuit and will send it to us along with “interrogatories” and a “request for production of documents.” We will work with you to answer these “interrogatories,” which you will have to sign under an oath to tell the truth. After consulting with you, we will prepare a response to the each defendant’s request for production of documents (you need not sign this response).
4. Once written discovery is completed, and sometimes beforehand, the parties will take “depositions.” Depositions are interviews conducted in a lawyer’s office, under oath, with a court reporter present to record all of the questions and answers. We always meet with our clients before their depositions take place. About a week after a deposition is completed, the court reporter will send the lawyers a transcript of it. Typically, we will depose the defendant and the defense attorney will depose our client (the plaintiff). Sometimes, depending on tactical considerations, the attorneys will also depose fact and expert witnesses. It should be noted that depositions rarely occur in cases filed in Maryland District Courts and Virginia General District Court. Additionally, these Courts do not conduct jury trials. Instead, they have Judge only or “bench trials.”
5. Once written discovery and all depositions have been completed, the parties to the case may explore settlement by simply talking among themselves, or they may agree to use various methods of Alternative Dispute Resolution or ADR. These methods are discussed below. One Court in handle cases, D.C. Superior Court, orders the parties in most cases to “mediate” (see “What is mediation,” below) their lawsuit. Of course, if both sides are willing, the parties can discuss settlement at any time, even during trial.
6. Although we prepare all of our cases with trial in mind, once it becomes clear that a case will not settle, we will prepare more specifically for trial. For example, for a jury trial, we will prepare: (1) any pretrial statements requested by the Court, (2) “voir dire” (the written questions we would like the potential jurors to be asked in jury selection), (3) the “exhibits” that we intend to show the jury; (4) jury instructions (instructions that we would like the Judge to read to the jurors at the end of the case); (5) memoranda of law we believe are necessary to advise the Judge about our positions in the case; (6) motions in limine we believe are necessary to keep the jury from considering improper evidence (7) one or more “verdict sheets,” which are the documents on which the jury renders its verdict, and, of course, (8) an opening statement, direct examinations or cross-examinations of witnesses, and a closing argument.
7. Lastly, in some cases tried to a jury or judge, it may be necessary to file or respond to “post-trial motions” or an “appeal.”
Q: What is Alternative Dispute Resolution or ADR?
A: ADR comprises various ways of resolving cases without actually going to trial. Some examples include: mediation, arbitration, and neutral case evaluation. These will be discussed further below. ADR can take place either before or after a lawsuit is filed. Because of the time, money, and uncertainty involved in trying cases to juries, the use of ADR has significantly increased nationwide during the past decade.
Q: What is mediation?
A: Mediation involves assembling the parties to a claim or case in a conference room and having the mediator (usually a lawyer or retired judge) talk to each side together, and then privately, in an attempt to settle a case. The mediator typically has no power to force a settlement or resolution of a case, but rather, attempts to push both sides together until the case settles.
Q: What is arbitration?
A: Arbitrations are essentially less formal, time consuming, and expensive trials held in a conference room with an arbitrator (usually a lawyer or retired judge) who reviews documents submitted by the parties’ lawyers, hears testimony from witnesses, hears arguments from the lawyers, and then renders a decision. Whether that decision resolves a case will depend on whether the parties agreed to make the arbitration binding (the decision will resolve the case) or non-binding (it won’t resolve the case). At Mesirow & Stravitz, PLLC, we almost never agree to non-binding arbitration. Often, in order to give some certainty to the parties, binding arbitrations involve the use of a “high/low agreement.” This means that if the arbitrator’s decision is less than the amount of money agreed upon as the “low,” our client will get the “low.” Conversely, if the arbitrator’s decision exceeds the amount of money agreed upon as the “high,” our client will receive the “high.” Typically, if the parties’ work out a high/low agreement, it is not disclosed to the arbitrator.
Q: What is neutral case evaluation?
A: These involve the parties’ submitting information about the case to a “neutral case evaluator” or “neutral” (usually a lawyer or retired judge), who then tells the parties what he or she believes the case is worth. The idea is that if one or both parties have an unrealistic view of the value of a case, the neutral can educate that party about the true value of the case and foster settlement.
* * *
If you have any questions about the above, please call us at 202-463-0303 or, toll-free, at 866-463-0303.
Copyright © 2007, Mesirow & Stravitz, PLLC