We handle a broad range of injury and death cases, including those resulting from:
- Boating Accidents
- Car Accidents
- 18-Wheeler Accidents
- Dangerous Drugs and Pharmaceutical Litigation
- Falling Merchandise
- Medical Malpractice
- Personal Watercraft (PWC) Accidents
- Products Liability
- Slip & Fall Accidents
- Texas Dram Shop Act
- Premises Liability
- Workplace Injuries
- Wrongful Death
- Other acts of negligence
Understanding the Stages of a Personal Injury Case
Navigating through a personal injury case can be a difficult time both emotionally and financially. Many cases do not resolve quickly and it is important to hire an attorney that is in your case for the long haul and will not settle for a quick and minimal amount. When frustration and financial pressure set in, it is important to understand the stages of your case and the work your attorney is doing to keep your case on the right track. Being patient and allowing the stages of your case to play out is key to a fair recovery.
Most personal injury cases go through five important stages:
- Treatment Stage
- Summary Stage
- Negotiation Stage
- Litigation Stage
- Disbursement Stage
In some cases, the litigation stage may be avoided. However, your attorney’s primary goal is to obtain a favorable resolution for you. If this means that a lawsuit needs to be filed due to inadequate settlement offers from the responsible party, then the litigation stage will run its course. It is important to hire someone who is well equipped to represent your best interests through all stages of the case and is not afraid to take your case into litigation. While key decisions in each case are left up to the client, it is important that you trust your attorney’s advice and recommendations throughout the process. It is important for you to fully understand the process in order to remain patient and positive through what we know is a difficult time. Below we will briefly discuss each of the five stages you can expect in your case.
Treatment Stage
The first thing we will tell you as a client is that getting you back to 100% health is the top priority. During this stage, you are seeing your doctor and/or medical provider on a regular basis. The time that this stage takes will vary depending on your injuries. It is important to remain patient and adhere to the treatment plans your doctors prescribe. During this stage, you will want to keep record of all expenses related to your incident including bills, prescriptions, artificial appliances, wheelchairs, hospital bills, etc. In the event an emergency arises that prevents you from attending scheduled doctor appointments, it is important to cancel the appointments in a timely manner. At the time of cancellation, try to reschedule at your earliest convenience. Remember that your case can be drastically affected by what your doctors write in your file. If you miss appointments or cancel appointments at the last minute, comments may be placed in your file that can have a negative impact on the outcome and value of a case. It is important to keep these things in mind throughout the treatment stage of your case.
Summary Stage
Once your treatment has concluded, records and bills are obtained from your doctors and medical providers. In addition, we will obtain documentation of your lost wage information, incidental expenses, and out-of-pocket expenses. When all of the above information is obtained, a settlement packet is submitted to the insurance company or responsible party along with a demand letter. In the overwhelming majority of cases, the insurance company will not settle the case until after the injured party has completed all of the treatment and after it has been provided a copy of all of the medical records/bills and lost wage information related to the case. Our mission during this stage is to collect all of the necessary information and present it to the insurance company or responsible party in a way that will tell the story of your case.
Negotiation Stage
This is the stage where the attorney begins negotiations with the insurance company or responsible party. The insurance company usually makes an offer of settlement. Your attorney will then discuss the offer with you. You have the option to accept or decline the offer. Your attorney will then counteroffer and the process continues until an acceptable offer is made. Your attorney will advise you as to whether or not he feels the offer is reasonable. Again, the ultimate decision for accepting the offer is left with you. If the insurance company or responsible party refuses to make a fair offer, your case will enter the Litigation Stage.
Litigation Stage
This is the phase of your case where a lawsuit is filed. If a lawsuit is filed, we will meet with you to provide additional information on what you can expect. Oftentimes a lawsuit is necessary in order to obtain a favorable resolution for you. Lawsuits take time and it is important to maintain patience throughout the litigation. We have years of experience in the courtroom and understand how to fight for you using the court system. We believe that a jury presented with a strong case and with clear facts will be able to render a fair verdict for you. Presenting a strong case is clearly a team effort, so we will need your help. We will stay in contact with you throughout the process to make sure that you understand what is going on in your case.
Disbursement Stage
This is the final stage. When a case is settled, a check will be issued to the injured party and the attorney. You will then be contacted to come into our office to sign the settlement check and other settlement documents including the release. At that time, all checks will be written out of the attorney trust account to pay medical bills, liens, and attorney fees. After you receive your check, the case and your file will be closed.
Call 832.464.7878 or contact us online to schedule your free initial consultation.
