lawsuit claims, settlements, and resolutions ~ What to expect

We understand that many of our clients have never been in an accident before and have many questions and concerns. We pride ourselves on spending the time necessary from the initial client meeting through conclusion of the case to guide clients through the claims process.

In the initial client meeting we gather preliminary information about the accident, injuries, treatment, relevant medical history, and insurance information. Clients are asked to sign forms authorizing us to request medical and employment records. Ethics rules also require that we enter into a written fee agreement covering the scope of representation and payment of fees and expenses. Fees and expenses in most injury cases are contingent upon recovery. This means that our firm is only entitled to be paid attorney’s fees and recover out of pocket expenses if there is a recovery from the responsible party or an insurance carrier providing coverage for the that party.

When clients are not able to come to our office due to their injuries, commitments, or the distance from the office, we are willing to visit them at home, work, or send necessary documents through the mail or by e-mail.

Following the first meeting with our clients, and depending on the case, we will request police reports, medical records, contact insurance carriers, obtain statements from witnesses, have photographs taken of vehicles and accident scenes, and hire experts. We urge clients to contact us at any time with questions, concerns and to update us about their progress.

Settlement of the Claim:

In the typical case, we provide medical reports, doctor bills, prescription expenses, and lost wage verification to the insurance claims adjustor after treatment has concluded. The insurance adjustor will review and evaluate this documentation, and may request additional information before settlement discussions begin. However, in some case we will begin the litigation process right away.

Clients often ask how long it will take to settle their cases. We of course want to resolve cases quickly for our clients. However, we also know from our years of experience handling insurance claims that, just as every case is different, some cases settle sooner than others. Some of the factors that can delay settlement are the size and complexity of the case, the adjustor’s settlement authority, the insurance company’s claim review procedures, and some adjustors are simply more responsive and cooperative in handling their files than others.

When a case does not settle through the negotiation process just described, the next step is to determine whether to file a lawsuit, begin the arbitration process or consider mediation.

In most cases, if the parties cannot resolve a claim on their own they must go to court to have the case decided by a judge or jury. This usually takes the most time and can be costly. It is important to understand that even though a lawsuit has been filed, the parties can continue to work toward a negotiated settlement on their own, with court assistance, or through private non-binding mediation or binding arbitration. We have the experience to use these tools to best position each case for settlement.

Our firm will try cases to a judge, jury or arbitrator when settlement efforts have been exhausted. The decision to go to trial, like the decision to settle, is always made after consultation with our client, and with the client’s consent.