Typical Progression of a Case

Your case typically progresses through three phases: before a lawsuit, the lawsuit process, and trial. While every case is different, and not every case will go through all three phases, this overview gives you an idea of what to expect and who will be working with you along the way.

 

Throughout each phase, you will have a dedicated team guiding you, answering your questions, and keeping you informed about what comes next. Everyone at Pesek Law is bilingual in English and Spanish, so you can communicate with us in the language you are most comfortable using throughout your case.

 

Phase 1: Before a Lawsuit

Your case begins with our prelitigation team, Zafiras, led by attorney Josephine Ramage and paralegal Jenly Mazariegos.

 

During this phase, we gather information about your case, review your medical treatment and records, and work toward resolving your case through settlement.

Many cases are successfully resolved during this stage. If your case does not settle, we move forward with filing a lawsuit.

 

This is also where many personal injury law firms stop. Some firms focus primarily on settling cases before a lawsuit is filed and rarely, if ever, take cases all the way to trial. Insurance companies pay attention to which law firms are willing and able to litigate and try cases. When they believe a firm is unlikely to take a case to trial, they may have less incentive to make an offer that reflects the full and fair value of the claim.

 

At Pesek Law, we take a different approach. If a fair resolution cannot be reached during this phase, we are prepared to move your case forward and file a lawsuit.

 

Phase 2: The Lawsuit Process

Once a lawsuit is filed, your case moves to one of our litigation teams.

Colibrí is led by attorney Alejandra and paralegal Ivis Rios Hannon.

Luminosos is led by attorney Daniel Martin DeLoa and senior paralegal Erick Lopez.

 

During the lawsuit process, your litigation team formally files and develops your case, exchanges information with the opposing side, and continues working toward a resolution. This phase can involve significant work and expense. Depending on the needs of your case, we may retain experts to provide professional opinions, commission accident reconstruction reports, take depositions from witnesses, and gather other evidence needed to build and support your case.

 

These expenses can add up, but at Pesek Law, we advance the costs necessary to pursue your case. You do not pay us anything unless we win your case. This allows us to invest the resources needed to develop your case without requiring you to pay those litigation expenses out of pocket while your case is pending.

 

A case can still settle during this phase. In fact, the work performed during litigation can help demonstrate the strength and value of your case. If a fair resolution still cannot be reached, your case moves forward toward trial.

 

Phase 3: Trial

At Pesek Law, we prepare every case for trial from the very beginning. This means that even while we are working toward a fair settlement, we are building your case with the preparation and attention it would require if it ultimately had to be presented before a judge or jury.

 

If your case proceeds toward trial, Ross Pesek, Managing Partner and Trial Attorney, joins your litigation team. Ross is our most experienced trial attorney, and his legal accomplishments include successfully obtaining recoveries that exceed insurance policy limits. This means that when a case goes to trial, we are prepared to pursue full compensation when the circumstances support it, even when that amount may exceed the available insurance policy limits.

 

For example, Ross has obtained a car crash excess settlement that was 30 times the underlying insurance policy limit. In a commercial truck case, he obtained a verdict that was 25 times the insurance company’s final pre-trial offer. These results reflect the level of preparation and advocacy we bring to cases that require litigation and trial.

 

As your case approaches trial, Ross and your litigation team work together to prepare and present your case before a judge or jury, who will ultimately make the final decision.

 

Who You Choose to Represent You Matters

If you or a loved one ever needs a personal injury lawyer to stand up for your rights against an insurance company, remember that who you choose to represent you matters.

 

Insurance companies know which law firms are prepared to take cases to trial, and a law firm’s track record can make a difference in how seriously a claim is taken. At Pesek Law, we prepare our cases for trial and are ready to fight for our clients when a fair resolution cannot be reached.

 

If you have been injured in Nebraska or Iowa, call Pesek Law for a free consultation at 402-342-9684. Let us listen to your story, explain your options, and help you understand the next step.

 

Frequently Asked Questions

1. What happens after Pesek Law takes my case?

Your case typically progresses through three phases: prelitigation, the lawsuit process, and trial. Not every case goes through all three phases because your case may be successfully resolved along the way.

 

2. Who will handle my case before a lawsuit is filed?

Your case begins with our prelitigation team, Zafiras, led by attorney Josephine Ramage and paralegal Jenly Mazariegos. They gather information, review your medical treatment and records, and work toward resolving your case through settlement.

 

3. Does Pesek Law have Spanish-speaking attorneys and staff?

Yes. Everyone at Pesek Law is bilingual in English and Spanish, so you can communicate with us in the language you are most comfortable using throughout your case.

 

4. What happens if the insurance company does not offer a fair settlement?

If a fair resolution cannot be reached during the prelitigation phase, Pesek Law is prepared to move your case forward by filing a lawsuit.

 

5.Why does it matter whether a personal injury law firm is willing to file a lawsuit or go to trial?

Insurance companies pay attention to which law firms are willing and able to litigate and try cases. When they believe a firm is unlikely to take a case to trial, they may have less incentive to make an offer that reflects the full and fair value of the claim.

 

6. Who handles my case once a lawsuit is filed?

Your case moves to one of our litigation teams. Colibrí is led by attorney Alejandra and paralegal Ivis Rios Hannon, while Luminosos is led by attorney Daniel Martin DeLoa and senior paralegal Erick Lopez.

 

7. What happens during the lawsuit process?

Your litigation team develops your case, exchanges information with the opposing side, and gathers evidence. Depending on your case, this can include hiring experts, commissioning accident reconstruction reports, taking witness depositions, and obtaining other evidence needed to support your claim.

 

8. Who pays for experts, depositions, accident reconstruction reports, and other litigation expenses?

Pesek Law advances the costs necessary to pursue your case. You do not have to pay those litigation expenses out of pocket while your case is pending, and you do not pay us unless we win your case.

 

9. Does filing a lawsuit mean that my case will definitely go to trial?

No. Your case can still settle during the lawsuit process. If a fair resolution cannot be reached, however, Pesek Law is prepared to continue moving the case toward trial.

 

10. What happens if my case goes to trial?

As your case approaches trial, Ross Pesek, Managing Partner and Trial Attorney, joins your litigation team. Pesek Law prepares cases for trial from the beginning, and Ross and your litigation team work together to prepare and present your case before a judge or jury.

 

Ross has obtained recoveries exceeding insurance policy limits, including a car crash excess settlement 30 times the underlying insurance policy limit and a commercial truck verdict 25 times the insurance company’s final pre-trial offer.