Many clients call all the time looking to get a case status. Some clients do not call at all. Some clients call every so often. This short informational article will tell you for the most part everything you know about what your case status could be.
Prelitigation, Case open stage
We receive all sign-up documents from the client, including a complete questionnaire. We input all data into our law office management system and create a backup paper file. We send an adverse party letter to the defendant when we do not have their insurance information, or a representation letter to a defendant if we have their insurance information. We wait for their response. If this is an auto accident case, we work with our client and the insurance companies to assist the client in getting a rental car, get their car repaired, or get the money if the car is totaled. We also try to get police reports, videotape, insurance policy limits, and other information during this stage.
Prelitigation, waiting for client to finish medical treatment
In the vast majority of personal injury cases we take, the client is still injured and treating with their doctor. We will not know what the estimated value of the case is, until the client has been diagnosed and treated by their doctor, and we receive all documentation. Once the client is either asymptomatic which means they are completely healed, or permanent and stationary which means that there is nothing more that can be done for the client by their doctors and they are permanently injured, we will not know how much the case is worth. We therefore wait for our client to finish treating, unless the client is still treating by the time, we have to file a lawsuit which is normally 2 years. If the client is still injured and treating when the statute of limitations comes up, we will file a lawsuit to preserve the case. It is the client’s responsibility to inform us when they are done treating. It is also the client’s responsibility to inform us if they’re having problems getting medical treatment so that we can help them find a solution.
Prelitigation, Demand package stage
We gather all medical reports, all medical bills, any loss of wages information needed to prove loss of wages, spousal information, and any other information necessary for us to make a demand package to send to the defendant, to initiate settlement discussions. It is very important for us to get all information. Sometimes a client must assist us in getting medical records because sometimes even if we have a release, medical providers will not give us information we need. By law a medical provider must give a patient a copy of the medical records upon request. Once we gather all of this information, we assemble what is called a “demand” package and send it to the defendant demanding that they settle usually for a much higher amount of money then we believe the case is actually worth. This process can take months while the insurance company or defendant to review medical records and to their investigation.
Prelitigation, need to file a lawsuit
If we have sent a demand package to a defendant, and they steadfastly refuse to make a settlement offer which a client will accept, we will put the case in queue to file a lawsuit. Sometimes we must file a lawsuit if the statute of limitations (time-limited file lawsuit) is about to expire, even if we are unable to do a demand package because the client is still treating. Depending upon the case and circumstances involved, we may prioritize the lawsuit for filing, but in most cases, the case where a lawsuit is to be filed is put into a queue with other cases that need to be filed, and your case will be filed when it’s queue comes up.
Litigation, need to serve a lawsuit
A lawsuit has been filed in your case, and we need to personally serve it on the defendant. Sometimes, especially in motor vehicle accident cases, the defendants, who are individuals, move and are difficult to find. This can delay the process of serving the defendant. This stage is a constitutional requirement that all defendants have notice and an opportunity to be heard. In extreme cases where we cannot serve a defendant, we may have to try to serve by publication which is a very expensive and lengthy process.
Litigation, Discovery
Once a defendant answers a lawsuit, each side will have the opportunity to do discovery which involves written questions back and forth, demand for production of documents back and forth, the defendant has the right to take an independent medical examination of you, the defendant may want to take your deposition, and so forth. This is the most strenuous and lengthy process in a personal injury case.
Litigation, settlement, negotiations
Usually after discovery is concluded in the litigation case, we engage in settlement talks with the defendant. Anytime a defendant offers money to settle your case, we have an ethical duty to communicate that settlement offer to you. Only you decide whether a case settles are not for the amount that has been offered. Our retainer agreement grants us the right to settle your case without your authorization only under very limited circumstances, and we will only do so if let’s say you disappear, and we believe the settlement offer is reasonable. In over 21 years we have never exercised this option. We always want the client to agree to a settlement before will settle the case. This stage will allow you to have some control over how much money you get, as opposed to going to trial and potentially getting nothing. If the case does settle, then scroll down to the case settled steps to learn what happens there.
Litigation, Prepare for trial
Most litigation cases will settle before trial, if the case is not settled, we will prepare to take your case to trial. We will not go into detail here other than to say that much work and expense is put in to going to trial. The average trial expenses are anywhere from $10-$20,000. Experts need to be subpoenaed along with your doctors. It is very rare that we will go to trial and this is only with the client’s permission. Most clients settle the case before trial.
Case settled, waiting for release from defendant
We wait for the defendant to send us the release which is basically the settlement agreement. Once the defendant sends us a release, we send it to our client for signature.
Case settled, waiting for client to sign release
We wait for the client to sign the release and send the release back to us, which we will then send to the defendant.
Case settled, waiting for check from defendant
Once we send the client signed release to the defendant, they must cut a check, and send it to us. This process sometimes takes up to 30 days or more depending upon circumstances. Some defendants want proof that the client was not on Medi-Cal or Medicare, before they will cut a check. It can sometimes take Medi-Cal or Medicare up to 6 months to let us know if they claim a lien. In most cases we will get a check within 2 weeks. Recently though with the changes of the law, Medi-Cal and Medicare clients can expect to wait longer for the check depending upon what the defendant requirements are. Once we receive the check, it is deposited into our client trust account to be disbursed as described in the next steps.
Case settled, negotiating liens
Once we get the settlement check from the defendant, and it is deposited into trust, we will then begin the process of negotiating any liens we have from treating doctors, or Medi-Cal or Medicare, to get them to reduce what they want to a level which will maximize the amount of money our client gets. Sometimes this process is started before a settlement is reached. It is very rare that a doctor will not negotiate their bill down. We have only seen two instances in over 21 years, and in doing over a thousand personal injury cases where a doctor refused to negotiate their bill lower than what they were charging. This process can take weeks. We have had situations where doctors have not returned our calls for weeks at a time, and so forth. It is entirely up to the doctors at this point but usually we can get liens negotiated depending upon the number of providers, within a week to 2 weeks.
Case settled, waiting for breakdown approval from client
Once all the liens have negotiated, we will send the client a breakdown which is also known as the disbursement sheet, indicating what money the client will get, what money the doctor will get, etc. Once the client approves the breakdown, they will sign the breakdown and send it back to us.
Disperse funds to client
Once we get the signed breakdown back from the client, we disburse the funds to the client.
Trial
If there was no settlement in your case, we will take your case to trial. The average personal injury case takes 3 to 5 days to litigate in trial. There is jury selection, the presentation of evidence, jury deliberations, and then the jury renders a verdict. 9 out of 12 jurors are required to agree with us to win, but the jurors also determine who gets what amount of money if any. Our goal is to get a jury verdict in our favor and get them to award us money. If we win, we will move for costs and expenses to be paid for by the defendant and submit a memorandum of costs. If we lose the defendant will do the same thing. Another possibility if we win is the defendant may do a motion for reconsideration, or a motion for new trial. If they lose on those motions, they may appeal the case. In other words, even if we win at trial, a defendant may try to delay the case by appealing it. Sometimes clients will agree to take less money than the judgment to prevent a defense motion or appeal.
Waiting for defendant to pay judgment on trial
If we obtain a judgment in trial, we expect the defendant to promptly pay the judgment to us. Once we get the money, we go to the same process as listed above with respect to negotiating liens, and disbursing funds.
Recent Comments