PERSONAL INJURY CASE PROCESS - HOW THE PROCESS WORKS

Page 12345

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.