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How Claims Are Processed
Each member of our firm will focus on processing your claim as follows:
Gathering Information
Our firm investigates all aspects of the accident along with the nature and extent of your injuries. Usually, witness statements are taken while reports, records and bills are acquired. If necessary, experts are hired to prove the defendant was at fault. Much of the information is gathered through the use of specialized forms sent to clients, witnesses and doctors. We continuously communicate information through correspondence, court documents and forms. The documents may be sent to you, insurance companies, witnesses, doctors, your employer or any other person or company who we believe requires the information contained in the document.
Negotiation
Negotiations begin when the client has concluded medical treatment or reached maximum medical improvements and end when the claim is settled or a verdict is reached. Based on jury verdicts in your jurisdiction, a recommended value is placed on your case. The attorney then presents the claim to the insurance company in the form of a demand letter. This letter tells the whole story of your case, including an explanation of how your accident occurred, a detailed medical explanation of the seriousness of your injuries and how they have changed your life and your future. Medical records, wage loss documentation and investigation information is included with your demand letter. Once this information has been reviewed by the insurance company's claim adjuster or attorney, our attorney will respond to their defenses. At that point, a settlement offer is made. After thorough discussion of the offer, you will instruct us to accept or reject it on your behalf. The client always has the final say in choosing to accept or reject any settlement offer that might be made.
Litigation
Litigation begins once steps are taken to go to court or arbitration. This happens if we are not satisfied with an insurance companyıs settlement offer or if the insurance company has not yet made an offer. Such a case may go to trial before a judge and jury or it may go to arbitration. Arbitration is similar to a trial except a retired judge or panel of three lawyers will typically decide a case. A case may be settled at any time, even while the case is awaiting trial in court, if the insurance company makes a settlement offer. There are no rules or generalities in this regard; it is a matter of case-by-case decision. While very few cases actually go to trial (most cases are settled) our trial lawyers and support staff are specially trained to prepare the case for trial or arbitration.
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