Settlement
A client’s medical condition must be thoroughly evaluated and treated prior to any settlement efforts. No case should be settled prematurely. Many factors are considered in determining the appropriate time to begin settlement discussions.

Typically, settlement discussions start within 30 days after the Firm has compiled, prepared and presented substantial claim information (“a demand”) to an insurance company. This information may include thousands of pages and/or a digital production depending on the requirements of the case. Each case presents unique factors which impact the amount of time it takes to move a claim into the demand or settlement phase. If negotiations are successful, the claim ends. If negotiations are unsuccessful, a civil lawsuit is considered.

Lawsuit
A civil lawsuit begins when a document known as a “complaint” is filed with a court. Settlement negotiations rarely end once a lawsuit is filed. Most lawsuits are settled prior to trial.

Once a lawsuit is filed, the insurance company will hire defense counsel. This is a lawyer working on behalf of the insurance company and/or its insured. Court hearings may follow, formal information may be exchanged between the parties and depositions may be taken. A deposition is sworn testimony provided by parties (Plaintiff or Defendant) or other witnesses. A mediation or settlement conference will likely occur at some point during this phase.

An unresolved claim will then proceed to trial. Trial may take days or even weeks. While most people have not personally experienced a trial, they have seen many on television. Television trials may make for great drama, but they rarely represent reality. Trials can be physically, emotionally and financially exhausting. Regardless, sometimes trial is the only way to obtain a fair and reasonable outcome for a client. We are experienced in the trial of personal injury claims.

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