Our cases usually start when someone calls or emails Foster Wallace wanting to know if they have a case. A majority of the time, the people who call our office have:
- Been referred by other attorneys who we know and have worked with us in the past. These referring attorneys may think we are better suited than they are to take the client’s potential case or are just too busy to handle the case
- A friend or colleague who has used Foster Wallace and recommended us that we take a look at their case
- Stumbled across our website
- Saw an article we wrote
- Heard news stories about cases we previously handled and wanted us to assist them on their case
However you reached us, we want to provide a short primer for a non-lawyer, potential or current client about how the legal process works. We understand that many times our clients have never had a lawyer before and do not know the first thing about what we do once we are hired. We are committed to helping our clients navigate the legal system in an attempt to obtain the best possible result for them, whether that be through a settlement, a trial, or even an appeal.
The Initial Consultation
When a potential client calls or emails Foster Wallace wanting to discuss their case, we will do a very short consultation on the phone or via email to hear the very basics. We want to determine whether Foster Wallace is suited to take the case and if it makes sense for us to take it. Clients need to understand that the litigation process can be very expensive, stressful, and time-consuming, and sometimes the potential recovery is not worth the trouble for either the client or the firm. For instance, in a lot of cases, our law firm will need to hire expert witnesses that charge hundreds of dollars per hour to offer expert testimony. Expert witnesses are individuals whose knowledge, skill, experience, and education will help the trier of fact (either the jury or the judge) understand evidence or determine a fact issue. Many times, the testimony of an expert witness will often “make or break” a complicated case. If the client’s potential recovery is $10,000 but we would need to pay an expert witness $7,500 in order to make our case, it is not financially viable to take on the case given the risks of litigation and the costs to pursue the case. There are also filing fees, costs to take depositions and pursue discovery, etc. Sometimes even the most slam dunk cases make no sense to take on because the amount of money that we would have to spend (along with time) just do not make “cents.”
If we talk to the client and think they have a viable claim that makes financial sense for everyone involved, we will usually set up an in-person meeting to discuss the case further and in detail. Foster Wallace does not charge for this consultation. Before that meeting, we will usually send out a questionnaire to the potential client to fill out, a HIPAA authorization, and an engagement letter that sets forth the contract between the potential client and our firm so that they can review the engagement letter and ask us any questions they have related to the potential engagement at the meeting. The purpose of these documents is as follows:
- Questionnaire. The questionnaire asks certain questions that we need for the client’s potential case and for their file. For instance, in a basic car wreck case where our client was injured by another driver, we will need to know what medical providers treated the client, whether there were any witnesses, who the emergency contacts are for the client, what kind of insurance the client has (both health and automobile) and the car insurance the other driver has, etc. We want this information handy when we are working on their case so we do not have to go back to the client with follow-up questions. We want our clients to focus on getting healthy and do not want to distract them with the litigation process.
- HIPAA authorization. The HIPAA (Health Insurance Portability and Accountability Act of 1996) authorization form is something the client will need to sign if their case involves medical injuries. This allows Foster Wallace to contact the client’s medical providers and obtain their medical records without the need for the client to go and obtain them. Again, we want to make the entire litigation process as easy as possible for our clients. We cannot gather the client’s medical records unless the client gives us consent to obtain them on their behalf. Providers charge us for our client’s or potential client’s medical records. We use various providers in the Kansas City area and even outside the area to obtain our client’s medical records for us. Sometimes we wait until our client has been fully treated by their health care professionals before we request medical records. Because of the cost involved in obtaining records (sometimes a few hundred dollars) it makes more sense to wait until the client has been fully treated to obtain the records so we get them all at once rather than pay twice for additional medical records.
- Engagement letter. Lastly, we send an engagement letter to the client that sets forth in writing our relationship with the client. In that engagement letter, we explain what we will and will not do (like provide tax advice) for the client related to their potential claim. It also asks that the client make no posts on social media that may relate to their claim. We do not want our clients posting anything on social media that can be taken out of context that could damage their case. If you are complaining that your back hurts, but you are posting videos on Instagram of you playing golf or going down water slides, your case could be jeopardized, and that evidence will likely come out at trial and be used against you even if you were in tremendous pain playing golf or going down that water slide. The engagement letter also explains how Foster Wallace will get paid.
- How legal fees are assessed. For nearly all the litigation matters Foster Wallace takes on, we are compensated only if the client prevails in their case through settlement, trial, etc. This is referred to as a “contingent fee.” Thus, Foster Wallace only gets paid from anything we are able to collect from the lawsuit. The contingent fee percentage we charge varies based on the type of case we handle. Usually, in civil rights or medical malpractice cases, we charge a higher contingent fee because they are riskier and more expensive than your standard personal injury, employment, or business case. We usually provide our clients with a sliding scale fee, meaning we take less of a fee if we do not have to file a lawsuit but that fee increases at different stages in the process. Again, it is always the client’s decision whether or not to settle a case or whether they want to move forward with the filing of a lawsuit. We provide our clients with the pluses and minuses of the opposing sides offer and let them make an informed decision.
Foster Wallace usually fronts our client’s litigation expenses. As previously mentioned, it costs money to file a lawsuit, collect medical records, travel to meet witnesses, take depositions, pay for expert witnesses who need to be compensated for their time, among many other expenses. Nearly all of the time, Foster Wallace fronts all these expenses for our client and is usually only reimbursed these expenses if we prevail in the lawsuit or settle the client’s claim(s). If we do not win the case or settle the lawsuit for financial compensation, we do not ask the client to pay us back these expenses. And unlike a lot of law firms, Foster Wallace recoups these expenses from the “top” of any settlement or judgment. Here’s an example:
Foster Wallace settles a case for $100,000 and has $5,000 of expenses related to the case. Foster Wallace’s contingent fee agreement with the client states that if the case is settled without a lawsuit being filed, we collect 35% of the proceeds. In this case, Foster Wallace would deduct the $5,000 from the $100,000 settlement and then take 35% of $95,000, or $33,250. Some law firms would take 35% from the $100,000, meaning another law firm would collect a $35,000 fee and then be reimbursed $5,000 of their expenses. Thus, Foster Wallace has not only put an extra $1,750 in the client’s pocket but is also on the same page with the client regarding the expenses. Thus, the less expense that Foster Wallace incurs in a case, the more money the client has in their pocket at the end of the case.
Our clients need to keep in mind, though, that they are still responsible for any medical bills, liens, etc. that are accumulated because of their injuries. We do our best to work with the insurance company and providers to minimize those expenses for our clients so they have more money in their pockets at the end of the day.
Steps After the Engagement Letter Is Signed
After this engagement letter is signed, Foster Wallace begins its work on the case. Sometimes in personal injury cases where liability is established and the defendant is clearly responsible for our client’s injury, there is not a lot of initial work for Foster Wallace to do other than send a letter of representation out to the insurance company so that all communications go through Foster Wallace rather than the client. We investigate the scene of the accident, discuss the case with potential experts, and may begin to gather relevant medical records and bills. The reason Foster Wallace may not do a ton of work initially is because the client is still getting treated for their injuries. We cannot make a demand to the defendant or the defendant’s insurance company until we know the full extent of our client’s injuries. Sometimes injuries take time to manifest.
Here is a recent example: In May 2016, a client was injured in a car wreck and initially diagnosed with whiplash. While his neck and shoulder bothered him after the wreck and he was getting treated by a chiropractor in 2016 and 2017, it was not until 2018 when an MRI was done on his shoulder and it was determined he actually tore his rotator cuff. While he could have settled with the insurance company for $10,000-$15,000 in 2016, we were able to settle his case for six figures in January 2019 because he was finally diagnosed with a rotator cuff tear (as opposed to just whiplash) and we were able to prove to the insurance company the wreck caused the rotator cuff tear. If our client had settled his claims in 2016 after the accident, our client would not have been able to go back to the insurance company and demand more money because he realized in 2018 that he actually tore his rotator cuff and had significant financial expenses related to the shoulder surgery. If he had settled his case without knowing the full extent of his injuries, he would have released all claims against the negligent party who hurt him in the accident and walked away with far less money or even owed money because of the cost of the 2018 surgery.
When liability is disputed, on the other hand, Foster Wallace begins its investigation of the case immediately while the client gets treated for his or her injuries. Foster Wallace may begin working with experts who do car accident reconstruction work to prove that the other side was negligent and breaching the duty of care they owed our client. We would also start interviewing potential witnesses and getting statements, determining if there is any recorded video of the incident, gathering evidence, etc. It is smart to get an attorney involved very quickly once you have been harmed by another person or company. Insurance companies will try many different tricks to get you to say things to hurt your case before you are represented by an attorney. If you are represented by an attorney, the insurance company will not be able to contact you and is required to only talk to your attorney about your case. Insurance companies will also try to get you to settle for a low-ball amount very quickly, try to convince you that a lawyer will take a percentage of any recovery if you hire an attorney, and have you sign a settlement agreement and release for reasons mentioned above. While there are plenty of stories of ambulance-chasing attorneys showing up at hospitals trying to find and sign up potential clients, there are also stories of insurance adjusters reaching out to injured parties in hospitals trying to convince them to settle their cases early with low-ball offers. Insurance companies are in the business, just as lawyers are, of making money. Your interests are not always aligned with the insurance company, even if it is your own insurance company.
The Demand Letter
Once we understand the full extent of our client’s injuries and determine how much money was paid on their medical treatment, we can begin drafting our demand letter to the defendant or his or her insurance company. Our demand letters usually provide all material facts related to the claim, explain to the other side what causes of action we intend to bring if a lawsuit needs to be filed, provide all relevant exhibits (medical records, medical bills, affidavits of witnesses, wage-loss statements, pictures, etc.), provide statements from witnesses we have interviewed, and ask whether the defendant would like to settle the lawsuit for a certain amount of money in exchange for a settlement agreement and release. Sometimes, the defendant will not want to pay an attorney to defend their claims and would rather pay money to make the case go away. That is why Foster Wallace spends significant time investigating our clients’ situation, drafting the demand letter, and putting together all relevant exhibits in a binder for the opposing party to review to make the determination of whether they would like to litigate (meaning defend themselves in court) or settle the lawsuit.
Our demand letters typically have anywhere from ten to even 100 exhibits attached to show the other side we mean business and that we are ready to take our case to trial. We spend a significant amount of time researching our case before that demand letter goes out. We will also tell the defendant that they need to provide a response to our letter by a certain date or we will move forward with filing the lawsuit in the relevant jurisdiction. A lot of the time, the defendant or his or her insurer will want to take a statement from our client before they settle their case. They will want to “size up” our client and see if they will say anything that differs from something we alleged in our demand letter. We like to spend time with our clients to prepare them before they have to give any statement to the insurance company and will be present or on the phone with our client while they give their statement. If our demand does not end up with a settlement, we move on to filing a lawsuit.
Filing a Lawsuit
If the opposing side elects not to settle the lawsuit or offers way less money than we believe our client deserves, Foster Wallace then drafts a complaint which sets forth the facts and the various causes of action that our client is bringing against the defendant. Most of the time a client will have multiple causes of action. A cause of action is a legal theory upon which a plaintiff brings suit (e.g. breach of contract, negligence, intentional infliction of emotional distress, etc.). Using the basic car wreck case example, a client would likely have a cause of action for negligence (among other potential causes of action). That means for our client to prevail on his or her negligence claim, we would have to prove that the other driver owed a duty to the plaintiff to drive safe; they breached that duty by failing to drive safe; because they were not driving safe they caused the wreck; and because of the wreck our client was injured.
Foster Wallace has handled cases across state and federal courts throughout the entire United States but is licensed in Kansas and Missouri state courts; Kansas and Missouri federal courts; federal court in the Eastern District of Michigan; and the Eighth Circuit Court of Appeals (the federal appellate court for the state of Missouri and some other states in the Midwest). Sometimes, a determination needs to be made where the lawsuit should be filed based on the facts related to our client’s case. For instance, if a client was injured in an accident in Johnson County, Kansas, and all parties are Johnson County, Kansas, residents, the lawsuit would need to be filed in the District Court of Johnson County, Kansas. But sometimes jurisdiction questions are complicated. For instance, if one of the parties is located in Kansas and one of the parties is located in Missouri and the claims involve federal questions, Foster Wallace will have to make a determination as to where it should file the lawsuit. Sometimes a defendant may ask that the case be transferred to a different jurisdiction that benefits the defendant even after we filed the lawsuit in a certain jurisdiction.
After the lawsuit is filed that sets forth all relevant facts and various causes of action, we have to serve the defendant with the lawsuit. We usually do this by hiring a private process server to hand the complaint and the summons (an order to respond to the lawsuit before the court by a certain date). Once the complaint and summons has been served on the defendant, they then have a certain amount of time to file a response or an answer to the lawsuit. Sometimes the answer is due 21 days after the lawsuit is filed and sometimes it is 30 days. The time the defendant has to respond or answer to the lawsuit depends on where the lawsuit was filed. After the defendant files their answer (unless the defendant files a motion to dismiss the case entirely in which we would have time to respond and the judge enter his or her opinion as to whether the case should be dismissed), the parties enter the discovery phase of the case and have the ability to gather requisite facts needed to make our claims and see what defenses are being asserted. Usually before the discovery phase, however, the court enters a scheduling order that sets various deadlines and schedules a trial date.
The Discovery Phase of the Lawsuit Begins
Each cause of action that was brought in the lawsuit carries with it certain elements that a party needs to meet in order to prevail on their claim. Again, an easy example, a negligence action (one of the causes of action that would likely be filed in a car wreck case) has the following elements: 1) Duty; 2) Breach; 3) Causation; and 4) Damages. We would have to gather facts through discovery that prove all four of those elements. Maybe the defendant admits the first two (meaning it owed a duty to other drivers on the road to drive safely and breached that duty by recklessly driving) but does not believe the car wreck caused our client’s injuries nor our client damages. The discovery would then focus on the damages our client experienced and whether those damages were related to the wreck. Discovery generally consists of interrogatories, requests for production of documents, requests for admission, medical examinations, and depositions.
Interrogatories are written questions that we would usually ask the other side to answer in writing within thirty days under penalty of perjury. Examples of interrogatories may include:
- Please list all witnesses who have knowledge of the incident in question.
- Please list any expert witnesses you may call to trial.
- Please list all exhibits you may use at trial.
- Please list all car accidents you have been in over the last ten years.
These are just a few very basic examples as we would usually send out approximately 25 interrogatories that vary on the type of case and facts involved.
Using our “car wreck” example once again, we would likely use interrogatories to ask the other side how they believed the accident occurred. We may serve interrogatories on the defendant driver seeking information that would support our theory of the case that would allow us to meet each element of our causes of action we asserted. If we are alleging that the defendant was speeding, we may ask the defendant how fast he or she was driving at the time of the incident. If the plaintiff alleges that the defendant failed to control the car properly or failed to pay proper attention to the road and other vehicles, the plaintiff could ask interrogatory questions that would help prove those allegations.
Requests for Production
Requests for Production ask the opposing party to produce certain documents that we will want to review and potentially use to make our case. For instance, we may want to ask the other side for the following:
- All documents they will use to defend their case
- Any internal reports that were created about the incident in question
- All pictures and videos they may have that relate to the claims
- Any relevant emails or text messages
Again, these are very basic examples of documents we would be requesting. Every case is different and the documents we would want in one case will be different from documents we would want to review in another case. For example, if we believe the other driver was texting right before the accident occurred, we would want him or her to produce reports from their cell phone that show what time they were sending text messages. If it showed that they were texting around the same time the accident occurred, we may want to use that report at trial to show the other driver was negligent.
Requests for Admission
Requests for Admission ask the other side to admit certain facts. We do this in order to meet our claims and lessen our burden of proof at trial. In most jurisdictions, we must limit the types of requests for admission to the application of law to fact, or opinions about either; and the genuineness of any described documents. In most jurisdictions, the rule places no limits on how many requests can be made. Examples of Requests for Admission may include:
- Please admit that the personal injuries suffered by Plaintiff are the result of the Defendant’s negligence.
- Please admit that Defendant was involved in a collision on [date of accident].
- Please admit that at the time of the incident Plaintiff lost wages in the past as a proximate result of your negligence.
The Defendant is then required to either admit or deny the request. If they deny it, we ask them through an interrogatory why they denied the request for admission. It is our goal to pin the defendant down and know what they are going to say at trial. If they deny something that they previously admitted, we can use that at trial to contradict their testimony (and make them look bad).
Of course, the other side will also send discovery requests to our client that we will have to provide answers for on behalf of our client, gather documents and produce those documents as long as they are not privileged, and answer requests for admission. In most jurisdictions, responses to discovery requests are due thirty days after the requests are sent to the other side. There are often disputes among the lawyers about the responses and production made by the opposing side. Sometimes the court has to intervene and make a determination whether something needs to be fully answered or produced. There are obviously boundaries on what is discoverable or not. Usually, if something is relevant it is discoverable but there are always exceptions. But because lawyers will be lawyers, be prepared that sometimes there will be fights during the discovery process that the lawyers will try to work out without intervention from the judge.
After Discovery, Depositions Are Taken
Usually, once we are provided with documents and have verified interrogatory answers from the opposing side, we begin taking depositions of relevant witnesses. A deposition is basically a question and answer session where a witness provides testimony under oath. A court reporter will be present typing everything up that is said during the deposition. Sometimes, these depositions are also videotaped. We like to videotape most of our depositions so that we can play them at trial for the jury to see how the deponent answered certain questions. Because sometimes a written transcript does not give justice to the answer, we will want to play the video for the jury. For example, the deponent may have rolled her eyes or thought deeply about the question before answering it. Some depositions can take as little as an hour, but some depositions can potentially take more than a day. Most of the time, the court puts limits on the length of time that someone may be deposed. We will ask to meet our clients in advance of their deposition to explain more how the process will work as most people have never been deposed before. We like to fully prepare our clients for their deposition so they know what to expect, how to dress, etc. The most important rule that we ask our clients to abide by in a deposition is to always tell the truth. Foster Wallace will want to make sure our clients are well prepared to testify but demand that they are always honest with us and the judicial process.
Mediation and Settlement
Most cases are not tried before a court or a jury. While we always prepare as if the case is going to trial, it is just a fact that most cases in end up settling. In fact, we believe that the best way to achieve a good settlement is to be prepared to try the case for our client and show the other side we mean business. Despite wanting to try every case we get to a jury or the court, there is no reason not to have a viable settlement strategy. In most cases, the court requires that the parties mediate for six months to a year after the lawsuit was filed while the parties are going through the discovery process. Mediation is one method of alternative dispute resolution (ADR) available to parties that is essentially a negotiation facilitated by a neutral third party. Unlike arbitration, which is somewhat similar to trial, mediation does not involve decision making by the neutral third party but he or she will try to facilitate settlement by talking to each of the parties separately. Before the mediation occurs, we will send a well-drafted mediation statement that sets forth our factual and legal arguments to the mediator so that the mediator is prepared in advance of the mediation and knows about our claims and why we believe we should prevail. At the same time, the opposing party will also send a letter to the mediator setting forth their factual and legal position and stating why they should win.
ADR procedures can be initiated by the parties or may be compelled by legislation, the courts, or contractual terms. Usually, the parties get to jointly agree to a mediator. We like to find a mediator that will not hesitate to give his or her opinion on value and merits. This is because we like to cut to the chase and not do the back and forth that drives everyone crazy. We get frustrated that a lot of settlement discussions come down to the last hour. We would rather have a mediator shoot us straight and tell us (or hopefully, the other side) the problems with the case so we can quickly get to a fair settlement. Even if the mediator does not like the case as much as we did, it is better to hear that information now in the settlement process rather than from a jury at the end of the case. However, every case and client is different and sometimes we may want to select a more laid-back mediator depending on the type of case. Some of the time, our client’s case will settle at mediation.
Pre-Trial Matters and Motions for Summary Judgment
If the discovery period ends and the mediation did not lead to a settlement of the case, the parties may ask the court to rule on a motion for summary judgment. What one or both of the parties are asking is for the judge to rule that there are no material facts in dispute on certain issues and trial is not needed on certain (or all) causes of action. For instance, let us say that the defendant admitted they were negligent (this does not usually happen) during their deposition and the documents produced confirm that. We would then file a motion with the court (usually 10-30 pages of factual and legal argument) that the information obtained during the discovery period prevents the case from going to trial and we should win our case based on the evidence that was obtained in discovery. However, if there is a material fact in dispute (meaning the other side has a fact that contradicts one of our facts), then the summary judgment would be denied and the case would proceed to trial. At trial, the jury is a finder of fact where the judge rules on the law. The judge provides the law to the jury so they can make a determination on who wins and loses based on the facts they heard during trial.
Your Case Goes to Trial
Depending on the number of witnesses and the type of case at issue, trials can take as little as a day but sometimes weeks (and in very rare, huge cases, even months). Depending on the causes of action you are bringing and/or by agreement with the opposing party, either a judge or a jury would rule on your lawsuit. Most trials proceed as follows:
- Voir Dire: selecting the jury. Assuming there is a jury trial, the beginning of the trial starts with what is called voir dire. Usually, a large group of prospective jurors is brought into the courtroom to determine who should be on the jury. Voir dire is used to determine if any potential juror is biased and/or cannot deal with the issues fairly, or whether there is a good (for cause) reason to prevent a prospective juror from serving on the jury (examples include: a juror knows one of the witnesses or attorneys; a juror has a job which might lead to bias; or a juror has previous experiences such as having been sued in a similar case). In some courts, the judge asks most of the questions in voir dire, while in other courts, the lawyers are allowed to ask questions. Some jurors may be dismissed for cause by the judge, and the attorneys may excuse others without stating any reason at all. Eventually after about half of a day, a jury is selected and the real fun starts.
- Opening statements are given to the jury. After a jury is selected from voir dire, in most cases, each side is allowed to make an opening statement. The opening statement is made by the lawyers and is not considered evidence but usually provides an overview of what evidence the attorney believes the jury will hear during the trial. Unless certain evidence has been stipulated to in advance, the lawyers cannot show that evidence to the jury. Usually, both sides stipulate as to how much time is allowed for opening statements. Our firm likes to introduce ourselves and our client to the jury at this time and give the jury a good road map of what the evidence they should expect to hear over the next few days and the nature of the case. I will also tell the jury that at the end of the case, once all the evidence has been entered, I’ll come back and ask them to deliver a verdict for my client.
- Direct and cross-examination of witnesses. Once both sides give their opening statements, the plaintiff would make his or her case first, followed by the defense. Witnesses will be called and they will be asked about evidence that gets admitted to the trial. Again, there could be many witnesses and it could take days for the jury to hear all the evidence and hear from the witnesses. Both sides will have a chance to ask questions of each witness. Often there will not only be direct and cross-examination but re-direct and re-cross of a witness. There are fact witnesses and expert witnesses. A fact witness is likely a party to the case or a witness to the event in question. An expert witness assists the jury in understanding complex issues. An expert witness should have specialized training, education, knowledge, skill, or experience in a field at issue in the case.
- Closing arguments. After all witnesses have been called, each side will then get to make their closing arguments to the jury. Before closing arguments are made, the judge usually explains the instructions to the jury. These jury instructions provide the law that the jury must use to make its determination whether they should find for the plaintiff or the defendant. During closing arguments, we at Foster Wallace like to go through the jury instructions and explain why the evidence the jury heard at trial should lead them to finding for our client. We will also ask that they award our client damages. After each side has done their closing argument, a jury will deliberate and make a decision. Sometimes the jury reaches a determination quickly but sometimes it takes days. After the jury makes its decision, the Judge then enters a judgment.
Your Case May Be Appealed
If you lose your case at trial, you still have a chance to get the decision reversed through what is called an appeal. If your case is in Missouri or Kansas state court, your case would be appealed to the court of appeals. After the court of appeals makes its decision, your case may be appealed to the Missouri or Kansas Supreme Court who would then make a final decision. One caveat is that the Supreme Court may look at the appellate court’s decision and decide it will not even hear the case. This whole process from the day you walk into your lawyers’ office to the day judgment is entered and all appeals have been exhausted may take years. At our previous law firm, we were involved in one case where the lawsuit was filed in 2006 and is still going on today because of multiple appeals to the Ninth Circuit and the United States Supreme Court. That class action case involved some of the biggest companies in the United States where billions of dollars were at stake, so it is an obvious outlier to the types of cases Foster Wallace takes on.
Even if a case goes to trial or is appealed, the parties may then still settle the case. Maybe we received a large verdict at trial, but the other side appeals the case and offers to settle the case for less than the verdict but gives the client assurance that it will receive money and that it does not have to wait years to be paid.
There are many considerations to take into account when dealing with your lawsuit and there are no guarantees. It has been said a million times—you may have a slam dunk case but you never know what a jury is going to do. The flip side can be said as well: you may have a horrible case but you never know what the jury will do. That’s why, at the end of the day, most cases end up settling.
Trust Foster Wallace With Your Claim for Damages
We at Foster Wallace love going the distance though and trying cases. We love to show the other side we mean business and do not want to settle. We honestly believe that. But the benefit to that philosophy is that it drives up the other side’s offer. Again, there are no guarantees and we cannot tell our clients we guarantee we will win your case (unless the other side admitted liability and then it is only about how high we can drive damages up). The one thing we guarantee our clients is that we will work our tails off for them. If that means staying up until 2:00 a.m. doing research and working all weekend—so be it. If someone puts their trust in us with a very personal issue they are dealing with, we owe it to them to put everything into their case.
This material was intended to be a general guide to what to expect when you have a potential lawsuit and how the litigation process works. There is a lot more that goes into the process of lawsuit than mentioned above. Foster Wallace, LLC hopes this guide was helpful for you. If you have any questions, please call us at 816.249.2101, or fill out the form on this page.