Mediation is a formal negotiation session in which the parties to a case meet with an independent intermediary (the mediator) who tries to broker a resolution of the case. Usually this takes place at the mediator’s office and both parties sit with their teams in separate rooms while the mediator goes back and forth, meeting with each side independently and communicating each sides evolving positions to one another. Mediation is much more about negotiation than it is about a formal presentation of the case. While other important junctures of a case can involve critical testimony or rulings – all of which…
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Trial is where all of the moving pieces of a case come together and are presented to a jury or judge who determine the outcome of a case. The progress of a case may wax and wane slowly, particularly from a client’s perspective. However, a client’s level of involvement in the case cranks up considerably leading up to and during trial. So, let’s talk about what trial looks like from a client’s perspective. Your Testimony – A common refrain in our office as we move through litigation is that we don’t ‘win’ a case at any isolated stage. Before a deposition,…
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We get this question frequently and I can’t help but picture myself holstering a pistol, pulling my ten gallon hat down over my brow, tossing my lasso around an insurance adjuster and dragging them to the courthouse steps. Fun as that might sound, it’s not how litigation works in the real world. Little of the substance of a case (prior to trial) actually occurs in court (especially in these post-pandemic days). And clients are rarely present during the times we do find ourselves in court. So how do we think about the notion of being ‘in court?’ A case can be resolved prior…
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A civil case is usually resolved for a lump sum financial amount. The entities with a legal interest in the case are compensated, thus satisfying their legal interest, out of the settlement. Portions of a settlement are not prospectively earmarked for any one specific interest or another. The typical categories of damages that are addressed in a typical settlement are listed below:1      Payment of Medical Bills – If medical care is one of the elements of damages in your case, you are entitled to the fair value of the bills for that medical care. Those bills typically need to be…
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A brief comment before sharing some of the factors that determine the economic value of any given case: There are many unique variables that impact each case, and situations can be difficult to compare. Every situation is different and without 100% of the information, a competent analysis regarding case value cannot be made.That said, there are generally two types of factors that are most important in determining case value. 1) The damages incurred by a plaintiff as a result of the occurrence and 2) How much will the defendant be obligated and able to compensate.1)    Factors related to damages incurred…
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Questions about how long a case will take are far and away the most common questions we receive from clients. Predicting the length of a case is also unfortunately difficult to do. It is difficult to predict the length of a case with accuracy because there are many variables that we have no ability to control, including an insurance company’s motivations and the court schedule that we operate within. Any given case can go to trial, and if it does, the timeline of that case will be long, measured in years. Most cases are settled before trial, and a settlement requires…
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The specifics of any given case will dictate the particulars of what is most important, but here is a short list of what most people can do to help their case.1)    If your case involves ongoing medical care, follow up diligently on your medical treatment.2)    Regularly document all the ways in which your case has impacted your life. This includes taking pictures and videos of any physical injuries and the effects of those injuries.3)    Be sure to note the hobbies and activities of daily living – both small and large – that were changed by the injuries you suffered.4)    Keep…
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Dan Breen was interviewed for this Illinois State Bar Association Article about online client intake procedures.https://www.isba.org/ibj/2022/03/themagicofonlineclientintake
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What do credit reports, milk and photos all have in common? Companies in these realms have all recently been hit with class action settlements. If you’ve ever received an email or letter giving you notice of a class action settlement and been confused about your rights, you are not alone.Let’s first define a class-action lawsuit. It Is a civil lawsuit brought on by a group of people or businesses (the class) accusing the defendant of the same harmful or unlawful action. The biggest class-action settlement was in 1998 and required big tobacco companies to pay out more than $206 billion…
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Earlier this year our staff shared their favorite children’s books for aspiring attorneys. We couldn’t leave out our book picks for the mature audience. The following are picks that any lawyer, law student, or individual who’s been consumed by a trial might enjoy. And with the holidays coming, these could make great gifts, too. The 48 Laws of Power – Robert Greene’s MANIFESTO is a master class on the power games that people play. Many books have been written in this realm, but none take such a cold, amoral, look at the struggle of power and influence as The 48 Laws of…
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As summer winds down and kids head back to school, we want to share our favorite books for the littlest legal assistants in our lives.It was just a few years ago when we’d only have time to open legal textbooks. But life has evolved and now there is a gaggle of Breen Goril Law babies and kids, plus our many nieces and nephews. If you think we turn off the legal work when we get home, you are mistaken. One of our favorite ways to teach the kiddos in our lives about what we do, about being fair, and about…
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The legal framework that governs our practice is not always reflective of the real world issues we navigate, and, as I’ve recently come to learn, such is the case with back injuries. Back pain is one of the most common types of pain that human beings suffer, so it’s no surprise that it is one of the most typical injuries that we assist clients with. It’s easy for the groupthink de jour to dictate the framework that we, our opponents, judges, and jurors understand back injuries. Such groupthink concepts include the fact that a true back injury is caused by a…
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