Each case and client are different, so we address each one in a unique process tailored to achieve maximum results, but there is an overall process you can expect. First, you will consult with an experienced attorney. If you choose to work with us and your case fits our expertise, the attorney will send you a letter confirming we represent you and providing you with contact information and other helpful information. We will then request your medical records and bills, lost wage information, police reports, investigative or incident reports, photographs, etc. We will speak to witnesses, conduct investigations as needed, and ensure all relevant evidence is preserved. As you continue your medical treatment, we will continue to collect medical records and bills until you have completed treatment and have been discharged from care by your doctors and other medical providers.
We will then speak with you to obtain information not contained in the records, such as details on how your injuries impacted your daily and family life. Once we have all necessary information, we will evaluate your case for settlement, and recommend to you a settlement value for your case. We will then compile all of the available information and documents and submit a thorough and detailed demand letter (with your records, bills, lost wage information and any other relevant documents or photographs) to the defendant’s insurance company for evaluation. We generally tell clients to expect to wait at least 30-45 days before we receive an offer on their case from the insurance company. It does not take that long for them to evaluate each case, but they place them in line for review based on the order in which they are received. It is possible that we may receive an offer in less than 30 days, but if a specific adjuster has a backlog or your case is particularly complicated, it could be 60 days or more.
Once the defendant’s insurance company makes their initial offer, your attorney will call you to discuss it and how to move forward. They will negotiate back and forth to reach a settlement that is fair (compensating you fully). If a fair settlement cannot be reached and you would like to move forward, the attorney will prepare, file and serve a lawsuit on the defendant(s).
The litigation process begins with the filing of a “Complaint,” which is the filing of a lawsuit in court. After the filing of the suit, both sides exchange discovery requests, which are questions and document requests regarding the accident, your health and your history. With your help, we will put together the answers and send them to defense counsel. Depositions of all parties, your doctors and any witnesses may also be scheduled before trial. A deposition is like an interview, where the attorneys ask the witness questions under oath and a court reporter is present to make a record of everything that is said. Depositions are used by both sides to gather information about what happened, who was hurt, how badly they were hurt, etc.
Regardless of the course of your particular case, the attorneys and staff of the Halperin Law Center will be with you through this difficult time to simplify the process for you. Let us focus on preparing and resolving your case while you focus on healing and getting back to your life as it was prior to the accident.