John M. Duma, Criminal Law & Personal Injury
(Licensed in Kansas and Missouri)
Posted By admin ~ 8th February 2012
One of the most difficult times in a persons life occurs if they or someone they love is charged with a crime. This is true whether the matter is a DUI or the most serious felony in State or Federal Court. A criminal conviction, even for a misdemeanor, can have disastorous results, as far as having a permanent criminal record, loss of present employment, or ineligibility for future employment, restrictive or burdensome probation requirements, or ultimately, incarceration and loss of one’s freedom. It is very challenging to assure people when they come in the office under these circumstances that everything is going to be okay.
It is incredibly important, that if you or a loved one is accused of a crime, that you seek a highly qualified criminal defense attorney to represent you. I have worked as both a prosecutor and defense attorney for over 30 years in Municipal, State, and Federal courts in both Kansas and Missouri. This experience has given me the opportunity to learn the practice of criminal law in both Kansas and Missouri, inside and out.
It is easy to forget that when a person is charged with a crime, they are presumed innocent unless and until the government can prove that person guilty beyond a reasonable doubt. This is an immense burden that the government cannot meet by merely filing charges against someone. They must prove this burden to twelve jurors beyond a reasonable doubt.
Many times, when I first read the police reports, or hear accounts from the police or government as to the evidence against my client, it seems as if the evidence of guilt is overwhelming. However, when the facts are tested by investigation and sometimes even cross examination the perceived facts change dramatically.
Having tried cases to juries for over 30 years in both State and Federal courts in both Kansas and Missouri (including murder, assault, robbery, drug charges, white collar fraud, DUI’s, and many other types of crimes) I am in a unique situation to evaluate a criminal case. Ultimately, it is my goal that when the facts just don’t add up to what the prosecutor is trying to allege, my clients go to trial and are found not guilty.
The highest calling of a criminal defense attorney is to fight for someone that is wrongly accused, be with them through the process of being prosecuted, and walk out of the courtroom with them when a verdict of not guilty is returned.
- John M. Duma, Esq.
One of the more difficult tasks that a personal injury attorney faces is trying to put a dollar value on the tremendous pain and suffering of someone seriously injured in an accident. Even worse is when the family of someone that was killed comes to my office to discuss the possibility of proceeding on a wrongful death case.
I always advise my clients that no amount of money is going to compensate them for their actual loss. I want the client to know up front that the litigation process can be difficult and at times overwhelming. However, if they decided to pursue their claims I will fight with them and for them to the conclusion of the matter.
Almost one hundred percent of the time the “person” or “company” on the other side of a personal injury claim is really an insurance company. First and foremost it has to be understood that an insurance company is a corporation, driven solely by profit. The fact that you were horribly injured or your spouse or child was killed does not matter to the insurance company. They are only interested in the bottom line, or “what is it going to cost our company.” The only way to combat this attitude is to proceed forward towards trial, and if necessary, to let a jury of men and women decide the appropriate amount of money to be awarded to you, the personal injury plaintiff. These men and women of the jury are real people, they are creatures of emotion, and are not solely looking at a monetary equation. These jury members consider pain and suffering, emotional distress, and the general disruption of life that you have endured because someone else has caused you injury or caused the wrongful death of a loved one.
One thing I hear too often from my clients is that other attorneys did not listen to them, did not return their phone calls, or did not take the time to understand their personal injury or wrongful death case. At my law firm, I am committed to advising you of your rights, making sure you undertand your personal injury lawsuit or wrongful death case, and evaluating the extent of your damages to ensure you receive a good result.
If I decide to take your case, I thoroughly investigate your accident to uncover causes and discover where liability rests. I confront employers and insurers on your behalf to activate any immediate benefits you may be entitled to. I also work with medical, economic and life care experts to determine your future medical and living expenses.
I have over thirty years of trial experience, which places me in a unique position to help you if you or a loved one has been injured or killed by the negligence of another. I take this responsibility seriously and am dedicated to maximizing the recovery from your personal injury case. As a trial lawyer, I am aggressive and willing to take on cases that other Personal Injury or Workers’ Compensation attorneys turn down and I am not afraid to go to trial if that is what is needed.
As a Kansas City personal injury lawyer, my job is to make things right for you. Making things right goes beyond simply getting you a fair result. Your car accident, motorcycle accident, or truck crash, wrongful death, automobile collision, or other personal injury case is as important to me as it is to you.
- John M. Duma, Esq.