What to expect during your personal injury case
Despite what insurance companies and their lobbyists want you to think, none of the people I talk to want to have to sue, or to pursue any legal action after they have been injured. It is a long and uncertain process that is always stressful, and everyone worries about being judged for standing up for themselves. All this takes place at a time when you are at your most vulnerable: recovering from an injury. All of my clients just want a fair and just outcome to help them recover from an event that wasn’t their fault.
In this blog post, I give you some general information about what you can expect if you choose me as your attorney and as your case moves forward prior to filing a formal lawsuit. Of course, each case is different, and your case require a different approach to those set out here. I am available to talk about your specific case and what to expect in your specific circumstance. You can reach me by calling 303-339-8846 or scheduling a free consultation with me at my office, at your home, or on Zoom/Facetime/Webex by clicking here. Although my office represents many injured victims, talking with people is one of the things I enjoy most about my work, and I would love to learn your story.
How I work
I am personally working your case. This is one of the great advantages of working with me instead of one of the bigger law firms that is probably working thousands of cases at a time. All plaintiff’s injury law firms are engaged in righteous work. However, my business model allows me to focus more time and energy on fewer cases than most firms that are surviving on a very high volume of cases. Throughout the process, you will be getting clear, regular communication from me, and I am happy to answer questions about your case at any point in the process. If I happen to be busy fighting for another one of my injured clients, I will still get back to you within one business day.
How the process will feel
This can feel like a long process and require a lot of patience. Some cases can be resolved fairly in a few months, while others take years. As we pursue full and fair compensation for you, there will be times when things will seem quiet on your end. If you are in treatment, I will check in with you periodically to monitor your care and recovery until you reach your best possible recovery and acute care ends. This ensures we gain the best understanding possible of your medical condition and the full costs of care, including future care needs. If unexpected delays occur at any point in the process, I will notify you, explain them, and advise you as needed.
What happens prior to filing a lawsuit
While being treated and when you are released from care:
Your most important job during this phase is to get all recommended care. Check out my blog on Self-Care Tips Following a Traumatic Injury to help you in this process. You will want to try your best to keep a record of all providers treating your injury and to update me with any changes in your condition.
Missing time or income at work:
If you have lost wages or revenue, or if you used benefits like personal time off (PTO) because of your injuries, it is important to keep track of what you have lost, both in time and wages. This includes any time where you had to miss work to seek medical attention, such as therapy appointments, doctor appointments, or radiology tests.
The negotiation and settlement process:
Once you have been released from your doctors’ care or you reach a point of stability in your recovery, and we have gathered all medical records and lost wage information, we will send the defendant’s insurance company a proposed settlement letter. We start by giving them an opportunity to do the right thing. This is the point in your case when negotiations will typically begin, and we will attempt to get you compensated without having to file a formal lawsuit. In some cases, the negotiation process includes mediation. Sometimes, these early attempts at negotiation lead to a settlement that adequately compensates you for your injuries. To get a fair outcome, I will advocate for you during all stages of negotiation, help you understand the process, and give you important information to weigh your options. The decision to propose or accept any specific offer is always yours.
Filing a lawsuit:
In some cases, negotiations with the insurance company do not produce a fair and reasonable settlement offer. If that happens to you, we will discuss filing a lawsuit against the responsible party. Although it can be intimidating, we are in this together and you will want an experienced trial attorney like me in your corner if you are required to use the court system to get justice.
I hope that this has helped you understand what to expect in the pre-litigation phase of a typical personal injury case. It is my privilege to help my clients during this process, and I look forward to fighting to get you the best outcome possible.