Case
Intake and Consultation
Every case begins with us listening to you. When you call
our office, you will speak with one of the legal assistants
at our firm about your case. The legal assistant will write
down all the details about your case for the attorneys
in the firm to review and evaluate. If the firm feels that
your case has merit, we will schedule a consultation with
an attorney in our firm. This initial consultation is free-
it is an important meeting in which the attorney is able
to gather information about your case, and also a time
for you to get a feel for our firm and ask any questions
you may have about your case. This consultation generally
takes from one to two hours and usually takes place in
our office.
Retainer & Authorizations
After this consultation, our firm will send you a Retainer
and Authorizations. These documents are usually mailed
to you within one day of your consultation. The reason
we mail the Retainer is that we want you to have time
to review the documents and consider all options before
signing it. We know that most people do not want to
be pressured into signing anything during the first
office visit, and we respect your right to make your
own choices about representation in your
case. Should you choose to sign the Retainer,
you would then sign the Authorizations which will allow us
to collect your medical records and any other documents
we will need to “work up” your case.
Case Work Up
Once we receive your signed Retainer and Authorizations,
we will open a file for your case. The first thing
we do is send out letters of representation to any
insurance carriers involved in your case. Once the
insurance carriers have received the letter of representation
from our firm, they will no longer be in
contact with you; all contact with insurance adjusters
will go through our office.
Investigation
After we have opened your file, we begin a process of
investigating the details of your case. The investigation
typically can be thought of in two parts- the liability
for your accident and the damages that have been caused
by the accident. To investigate the liability aspect,
we request the Accident Report prepared by the investigating
officer at the scene, if the police were called. We
will work together with you to get photographs of the
accident scene and track down any witnesses who might
be able to offer an objective testimony of what happened.
The process of investigating the damages aspect of your
case is much more lengthy and complex. Damages include
many things: your medical injuries and bills, lost wages,
out-of-pocket expenses for prescriptions and other items
prescribed by your doctors, and the pain and suffering
you have experienced as a result of your injuries.
The process of collecting your medical records and bills
is relatively straight-forward, although the time it
takes to complete this process varies greatly. Most of
our clients are still in treatment when they begin their
case, and collecting and analyzing medical records and
documentation is a continuing process. Without this
information, we would not be able to effectively and
successfully present your claim to the insurance carrier.
In addition to collecting documentation of your injuries and medical
treatment, we will also keep in close contact with you
to document and understand all the intangible damages
you are suffering. We know that being injured involves
so much more than the injury itself- we know you are
often in pain, unable to do the daily activities you
normally take for granted, and that many areas of your
life have been affected by the accident.
How long the investigation stage of your case lasts
depends on numerous factors, not the least of which is
the length of time it takes you to heal. We do
not want to rush your case through- it is our policy
to take as much time as needed to do a thorough job of
preparing your case. If you are looking to settle your
case as fast as possible, regardless of amount, we are
not the right firm for you. We aim to get you the highest
possible value for your case, even if that means taking
the extra time to prepare
your case.
Demand
Once you have finished treatment for your injuries and we
know the extent of the damages caused by those injuries,
we will prepare a Demand Package to send to the insurance
carrier. This Demand Package is a bound volume including
a detailed letter from the attorney to the insurance
adjuster outlining the liability and damages of your
accident. Attached to this letter will be a complete
set of your medical records and bills, and any other
supporting documentation for your claim. With our Demand Packages,
we take extra effort to make sure the insurance company
knows we take your case seriously and are prepared, if
necessary, to go to trial.
The amount of money we demand in your case will be discussed
with you and must be approved/authorized by you prior
to our sending the package. This amount varies in every
case, but is usually based upon the amount of medical
expenses you have incurred, any wages you have lost,
and any other damages you may claim, whether quantifiable
(out of pocket expenses) or unquantifiable (pain and
suffering).
Negotiation
Once the insurance adjuster receives our Demand Package,
he or she evaluates your claim with the assistance of
medical staff at the insurance company. This process
of evaluation usually takes at least a month and varies
depending on the complexity of the medical issues. After
the adjuster has completed the initial evaluation, he
or she will contact our firm to discuss the possibility
of settlement. The path of your case is usually determined
from this point. If the insurance company accepts liability
for your accident, the adjuster may make an initial offer
on your case or may request additional information. The
adjuster and the attorney will then begin a process of
negotiation in which we seek to secure the highest possible
settlement on your case. We don’t do this alone,
however- you are involved in this process every step
of the way. We never make a demand or accept an offer
without consulting with you beforehand. We recognize
that this is your case and that you have the ultimate
say in the outcome.
Litigation
If the insurance company denies liability or does not
reach an acceptable settlement amount, it may be necessary
to file a lawsuit in your case. Filing a lawsuit does
several things: first, it stops the “statute
of limitations” in your case and gives us more
time to try to settle your case. Once we have filed
suit in your case, we have one year to serve the lawsuit
on the defendant. Sometimes it is beneficial to file
suit and then use that extra time to attempt to move
negotiations forward. However, once the lawsuit is
served, a series of deadlines come into play. The
defendant, by way of their insurance company’s
staff counsel, will file an Answer to the Complaint
we have filed, and then the process of Discovery
will begin.
Discovery
Discovery, in simplest terms, is the process of both
the plaintiff and defendant requesting and producing
information relevant to the lawsuit. Under the law,
there are certain things that we are required to produce
to defense counsel, including answers to questions
about the accident, past medical issues, and current
treatment. We will also be required to produce documents
including medical records (both before and since the
accident), tax forms to verify any claim we make for
lost wages, and other documentation. As we are producing
this information, we will also request information
from the defendant as well, including their account
of the accident.
Depositions
At some point during the discovery process, depositions
may take place. Both the plaintiff and the defendant
have the right to take the deposition of anyone that
may have information relevant to the case. A deposition
is testimony given under oath. The testimony
that is given is recorded by a court reporter and can
be used at trial.
If the defense counsel requests your deposition, the
deposition will most likely occur at our office or the
office of defense counsel. The attorney will meet with
you prior to your deposition to explain the process as
well as give you an idea of the kinds of questions the
defense attorney is likely to ask you. The attorney will
be available to answer any of your questions and address
your concerns before the deposition. On the day of the
deposition, you will come to our office and will sit
at a table along with your attorney, the defendant, the
defense attorney, and the court reporter.The defense
attorney will ask you questions and you will answer them
on the record. Afterwards, your attorney will ask you
questions in order to clarify any of your previous answers
or get additional information on the record.
Although a deposition may seem intimidating, rest assured
that we will be with you every step of the way to address
your questions and concerns. If you are well-prepared
and truthful, you will have nothing to worry about. Many
of our clients tell us that the deposition was not nearly
as stressful or intimidating as they expected. The important
thing is that you feel prepared.
Mediation/Arbitration
Mediation and Arbitration are alternative ways of settling
your case without going to trial. Since jury trials
are often risky for many reasons, Mediation and Arbitration
are attractive choices for getting a good value
on your case. Mediation is a conference with you, your
attorney, the defendant, and the defense attorney in
front of a retired judge. Mediation is in many ways
similar to a condensed trial. Both sides present their
evidence and the mediator works with everyone to encourage
compromise and bring resolution. Mediation is non-binding,
meaning that at the end of the day, if we cannot reach
an acceptable resolution, we can walk away and proceed with litigation
and trial. Arbitration is the same as Mediation, except
that it is binding, meaning that after both sides have
presented evidence, the arbitrator makes a decision
on the value of the case to bring the matter to a close. If
you agree to have your case resolved by Arbitration,
then you must accept the arbitrator's decision.
Trial
If your case cannot be settled through negotiation, mediation,
or arbitration, it may be necessary to go to trial
and have your case heard before a judge and a jury.
Trials are typically set approximately one year after
the lawsuit has been served on the defendant. Once
a trial date is set, the Court issues a Scheduling
Order which sets forth all the deadlines for filing
certain pleadings and discovery in your case. During
this time, the attorney will work closely with you
to prepare all the documentation needed to comply with
the Scheduling Order. When trial approaches, the attorney
will meet with you to discuss the logistics of trial,
such as the witnesses who may be called, exhibits
that may be used, and the way the trial will proceed.
On the day of trial, you and the attorney will go to
court and present evidence to the jury to support
your case. The evidence we will use usually consists
of expert witnesses such as your doctors, lay witnesses
such as friends, family, and co-workers, medical illustrations,
exhibits, and your testimony. After we
have finished presenting our evidence, the defense counsel
will have an opportunity to present evidence as well.
After all evidence has been presented, both attorneys
will make closing statements and the judge will give
the jury instructions on the law applicable to your case.
The jury will deliberate and then deliver a verdict.
Disbursement
After a settlement amount has been agreed upon, the insurance
carrier will mail a check for the total amount of the
settlement to our firm. This check will be made payable
to you and our firm. We will deposit this check in
our Trust Account and prepare a disbursement sheet
outlining the expenses to be written out of the settlement.
The legal assistant or attorney will review the disbursement
sheet with you and answer any questions you might have.
Once you are satisfied with the disbursement, we will
write checks out of the settlement in the Trust Account
to pay for attorney fees, costs advanced, any liens
or medical bills, and a check to you for your settlement
proceeds
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