What NOT to do after you are served a summons

If you received a court summons, chances are you or your company is being sued. Responding to this document is crucial if you want to fight the case. As a law-abiding citizen, you have every right to defend yourself or your company in front of a judge. While following the instructions for a summons may seem simple enough, there are some terrible reactions you could fall prey to upon the receipt of one. If you have recently been served a summons, avoid the following:

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Ignoring the lawsuit Problems won’t go away when you ignore them, especially lawsuits. Not responding to a summons can only mean that you are revoking your right to contest the issue. This is tantamount to automatically losing the case.

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Contacting the other side If you think that it’s okay to call the other side to work things out, don’t bother. What you could end up doing could constitute obstruction of justice and can be used against you during the trial. Moreover, the opposing counsel has no legal obligation to inform you of the consequences of your actions.

Post information on social media Information about the case should be kept private to protect the integrity of both parties. Posting information can illicit actions from other people which could cause harm to one or both parties.

Handle the case on your own Unless it’s a small claims court problem or something trivial, don’t attempt to handle the case on your own. Have an attorney look into your case and give you legal advice on how to proceed with the case.

Daniel DeKoter is an “AV” rated lawyer, the highest rating given by the premier peer review service as seen at lawyers.com. He is an attorney and partner at DeKoter, Thole, Dawson & Rockman, PLC. Visit his firm’s website at www.sibleylaw.com for more information.

The Requirements For a Medical Malpractice Claim

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The American Board of Professional Liability Attorneys defines medical malpractice as the negligence by act or omission of a healthcare provider or medical professional that results in the injury, or in worst cases, death, of a patient. Filing a lawsuit has various requirements, depending on the state, but the basic ones are listed below:

There should have been a doctor-patient relationship between the plaintiff and the defendant. This means that that the doctor had to be officially hired by the plaintiff, and he or she agreed to provide service.

The doctor showed negligence or violated

standards of medical care. To file a malpractice suit, it must be proven that the defendant had caused harm or injury that another medical professional would not have under similar circumstances. This negligence can include mistakes in diagnosis, treatment, aftercare, or postoperative care. If the patient merely did not find the result favorable, that, by itself, cannot be considered medical malpractice.

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The injury or harm led to specific damages. A medical malpractice claim can only gain traction if there were significant damages borne out of the negligence or violation of standards of medical care. Some of the damages that can be sued for are unusual pain (physical or mental), hardship, loss of income or earning capacity, and additional medical bills.

Daniel DeKoter has successfully handled multimillion-dollar litigations for both plaintiffs and defendants in various areas of law. He is recognized as an “AV”-rated lawyer, which is the highest distinction given by the premier peer review service as seen at lawyers.com. Visit this website to see Mr. DeKoter’s firm.

Daniel Dekoter Wins Judgment For Railroad Bridge Owner

Attorney Daniel DeKoter of DeKoter, Thole, Dawson & Rockman, PLC recently won a judgment following a four-day bench trial in the United States District Court for the Northern District of Iowa. The case raised significant legal issues for owners of bridges that span navigable waters in the United States.

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DeKoter’s client is the Canadian Pacific Railroad, which owns a railroad bridge at Sabula Iowa through its subsidiary, the Dakota, Minnesota & Eastern Railroad (DM&E). On April 24, 2015, Ingram Barge Company was operating a towboat that was pushing nine barges northbound when it ran into the bridge’s south center protection pier. The DM&E filed a suit against Ingram for property damages. The total repair costs and related expenses were $276,860.65. 

Ingram contended that the railroad could be found at fault for failing to upgrade and widen the opening of its bridge, whose piers were placed in the 1880s. Ingram claimed that bridge owners have a duty to accommodate the increasing length and width of groups of barges to conform to modern towing practices. 

The DM&E contended that no such duty existed. The Court agreed with the DM&E that no such duty exists under federal maritime law. The bridge owner’s duties are limited to those imposed by regulation and statute. The bridge owner does not have a general duty of reasonable care to change its bridge configuration to accommodate river traffic. 

The Court found no fault on the part of the railroad in causing the bridge damage. It entered a judgment against Ingram for the full amount claimed on April 24, 2018—exactly three years after the incident.

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Daniel DeKoter is a partner at DeKoter, Thole, Dawson & Rockman, PLC, a law firm based in Sibley, Iowa. He is an alumnus of Calvin College, graduating in 1977 with a degree in Philosophy and English. For related reads, visit this webpage.

What To Do After Receiving a Subpoena

A subpoena is a court order requiring the recipient to undergo a deposition or submit documents that may be used as evidence. It contains the name of the case, the address where your presence is requested, and a description of any documents you are asked to produce.

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Ignoring a subpoena is not advisable as you could be cited for contempt of court for failure to appear. This could lead to possible jail time and a penalty fee. So when you do get one, complying is the best course of action.

When you receive a subpoena, contact the attorney who issued it to determine what is required to comply. If you are not a part of the case, you are entitled to expenses incurred to comply with the subpoena. If you believe the subpoena goes too far, or if you have questions about the process in general, you should consult your own attorney.

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Daniel DeKoter is an “AV” rated lawyer, the highest rating given by the premier peer review service as seen at lawyers.com. He has litigated multi-million dollar lawsuits for both plaintiffs and defendants. Visit his firm’s website for more information on his practice.

Is It Time To Change Lawyers?

The right time to replace one’s legal counsel could depend on the case: in matters of civil law, it can generally be done whenever the client wants to, while in criminal matters, replacing one’s lawyer might be subject to court approval in specific circumstances. Here are some considerations when mulling the possibility of changing one’s legal counsel.

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You remain responsible for your legal affairs

Even though you have hired legal services, it still ultimately rests on you to push the legal battle through its conclusion, and what your lawyer says or does on your behalf. It is only fitting to do something about the service if you feel it is short of what should be delivered or if something is amiss.

There are a wealth of common problems that clients report with attorneys

Common complaints involve poor results, where the lawyer simply isn’t achieving the desired results. There’s also bad communication when it comes to crucial legal matters and decisions, making the client uncertain or worried. There could also be lack of professionalism, or the lawyer arriving late to meetings or not properly organizing documents and details provided by the client.

There are warning signs

An attorney-client relationship likely isn’t working out if calls aren’t returned immediately, the lawyer asks for repeated time extensions from the court without a good explanation, and the client received notices from the court about missed deadlines or a case dismissed out of inactivity. Heed the signs and make your concerns known to the lawyer.

Changing lawyers can come at a dear price

It can slow the case, raise the total legal bills, and demand more time and effort getting a new person up to speed on the case. Consider where you are in the course of the legal representation, and the old lawyer’s level of familiarity with the facts and laws applicable to the case. Think of whether a new lawyer can create a different or a more desirable outcome.

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Daniel DeKoter is a lawyer and partner at DeKoter, Thole, Dawson & Rockman, PLC. His general practice places emphasis on civil litigation, business and employment law, and estate planning and administration. Learn more about his practice on this page.

Some Dos And Don’Ts Of Going Through The Divorce Process

Divorce can be a messy process. Lengthy custody battles, asset contestation, and hefty settlements plague divorcees.. But there are some strategies for reducing the emotional and financial impact.

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First off, when it comes to legal advice, couples should only ask divorce lawyers. Divorce lawyers are the only professionals who can answer all questions pertaining to the many legal issues involved in divorce. Do not rely on people who have gone through since divorce proceedings are different for every couple. Comparing divorce proceedings with another couple can only shed light on the experience and not the legal issues.

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You should also plan ahead of the divorce. . People should have several plans for several scenarios. Going through a divorce without a plan for the future may be catastrophic in so many ways. Remember, when all’s said and done, that’s when all the bills pile up.

Attorney Daniel DeKoter is based in Sibley, Iowa. Members of his firm practice family law, which includes divorce. Check out this Twitter page for more updates.