Auto Accident Personal Injury Claim Process

Pre-Litigation Demand and Settlement Process

Initial Client Interview

We must go over the facts and evidence. We can meet at our office, your home, a friend’s house, or the hospital. If you have a case, we will then execute a contract so that we can represent your interests. Our firm only does contingency fee contracts. A contingency fee contract means that you do not have to pay attorney’s fees until the successful resolution of your case.  

Insurance Company Contact

Once we represent you, we send the insurance company a LOR – Letter of Representation. This is formal notice to the insurance company that we represent you.

Demand

Once you have completed medical treatment for your injury, we will develop a “Demand Package” which is specifically tailored to your case.  It is the demand package which tells the insurance company what our position is. It will contain a complete summery of your case, the evidence and medical treatment supporting your claim. We will spend a great deal of time on your demand. 

We learned early on that the best way to successfully resolve a client’s case is by “presentation.” This is what our demands are all about – detailed and professional.

Personal Injury Litigation

Filing Suit

The filing of a lawsuit invokes the powers of the court. It also hires defense counsel.  Sometimes, we are unable to settle a case pre-lawsuit. The case has to be filed.   We try to avoid the necessity of a lawsuit because lawsuits cost money and time. Costs of court reduce a client’s recovery – sometimes significantly. Secondly, the time (two to three years) is unreasonable. Client’s generally do not want to wait that long; however, if the case can not be reasonable settled there is no choice but to file a lawsuit.l

Defense Counsel

Once the lawsuit is filed, the insurance company hires a defense lawyer to represent their insured.  Defense lawyers need to understand the case.  They will do dsicovery in order to give the insurance company a complete picture of what they think the case is worth.  

Discovery

Discovery is part of any civil litigation process. Discovery (Disclosures, Requests for Production, Interrogatories, Requests for Admissions, Depositions, etc. . .) is the process whereby both sides have an opportunity to gather evidence.  The other side will have and are entitled to take your deposition, request medical records, request employment records, and interview or depose any witnesses.

Mediation

Mediation is, usually, a court ordered process where both parties are required to sit down with a neutral third person (usually a lawyer) and discuss the case. The mediator will evaluate the merits of both sides’ case and discuss it with them privately.  By using the mediation process, the court is urging both sides to resolve their conflicts.  Oftern, a litigated case will settle at mediation.

Jury

If the case does not settle it might go to a jury trial.  Of course, the case may still settle during the trial itself.  The jury is the ultimate decision maker on the facts.