in Personal Injury Law
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.
The process typically begins in an investigation phase before a lawsuit is filed in court.
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:
Your attorney researches and evaluates the relevant law governing your case, which includes determining the right:
Along the way, your attorney updates you about any negotiations or case developments.
Many personal injury cases settle before a lawsuit is filed in court.
Your attorney negotiates with the insurance company of the party who injured you and informs you of any monetary offers that are made.
If offers are made, then your attorney advises you on whether to accept a settlement offer, but the decision is ultimately yours.
Sometimes parties are not able to reach a satisfactory settlement without involving the court, so your attorney files a lawsuit.
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.
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.
Besides asking written questions, the lawyers for each party may also depose, or verbally question, individuals with relevant information to your case.
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.
92 – 97% of all civil litigation ends in settlement or dismissal before trial.
Resolving a dispute through settlement before trial avoids delay, removes the inherent uncertainty of trial, and reduces legal fees and expenses.
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.
The mediator is not a judge and does not decide any issues, but rather helps the parties reach an agreed-upon solution.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.