St. George Attorney: What do we do if my Case does not Settle?

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St. George Attorney: What do we do if my Case does not Settle?

Question: What do we do if my Case does not Settle?

St. George Attorney answer:

If the insurance carrier cannot agree with your attorney on the value of a settlement for your case, a lawsuit may be necessary. A lawsuit is also called litigation. The suit will be brought against the entity that is responsible for your injuries, not the insurance company.

Your attorney might suggest waiting for a while before beginning the litigation, hopefully to result in the insurance company increasing the valuation of your case. But in cases where there is a large discrepancy between the value demanded by your lawyer, and the one offered by the insurance company, litigation is necessary.

What factors would cause my case to go to litigation?

There are several reasons that a case may go to litigation:

  • The insurance company believes that you and your lawyer have asked for too large of a sum of money, and they do not agree to pay it for your claim.
  • Liability or “fault,” for the claim is being denied by the insurance company, or they believe you or another party than their insured holds some responsibility for your injuries.
  • The insurance company may resist paying your claim because of internal policies that force claimants to go through the lawsuit process.
  • The insurance carrier is dragging their feet, hopeful that you and your attorney will propose a reduced value of the claim for settlement.
  • The insurance carries might not believe you are injured, or might believe your injury is less severe than you claim. In this case, the insurance company will want you and your lawyer to proceed to litigation so that you will need to prove your injuries in court.

 

How does a lawsuit affect me?

If a lawsuit becomes necessary, your St. George attorney will help you by explaining in detail what will need to happen to get the process going. It usually involves the following steps:

  • Your lawyer will file a claim in court by preparing a “Summons and Complaint,” after all final investigations and preparations of the case. Your attorney will take care of this in his or her office without needing to involve you.
  • The Summons and Complaint is served upon the entity or person that caused your injuries. This responsible party will be referred to as the defendant in this document, and you will be called the plaintiff.
  • After the defendant is served with the Summons and Complaint, their insurance company will provide an attorney to defend the lawsuit, and that attorney will file an “Answer to Complaint” with the court. The Answer to Complaint will usually deny fault for the injuries , or deny the severity of your injuries. It may even bring up other parties that may have been involved in the incident that caused your injury.
  • At this point, the discovery process begins. This is the process in which both parties seek for additional information from each other. You will be involved in this process with your attorney’s help. The following might occur:
    • Questions, or “interrogatories,” that need written documentation of answers.
    • Oral testimony from you and other parties involved in the case. These are called “depositions.” These testimonies take place in front of both lawyers, with a court reporter transcribing all the questions and answers.
    • Your attorney and the other attorney may make “requests for production of documents.” These documents include medical reports, statements from witnesses, bills, lost income documentation, and any other information relating to your personal injury claim. Your lawyer will often have to send all of this documentation to the other lawyer even if it has already been provided to the insurance carrier.
    • A possible “Request for admissions.” This process requires each party involved in the litigation to narrow down the issues at hand by admitting any facts that are not in dispute and can therefore be eliminated from the case.
    • Trial preparations such as video depositions of your medical practitioners or witnesses. Your attorney may also need to write briefs or appear before the trial judge in preparation for the trial.
    • Finally, the trial will occur on the trial date that has been set if your case does not settle before then.

Is it possible that my case will settle in the period before the trial date?

Yes, it’s possible. Cases often come to settlement during the process of the lawsuit before the trial date, but a small number of claims do proceed completely through the process to trial. It’s basically impossible for your attorney to guess when your case will settle, or if it will happen before your trial occurs.

St. George Attorney: How long does it take to Settle a Case?

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St. George Attorney: How long does it take to Settle a Case?

Question: How long does it take to Settle a Case?

St. George Attorney Answer:

In the initial stages of your case, it will not be possible to predict when the claim will settle. Some claims resolve in a few months, some take several years to resolve by settlement or trial. Your St. George attorney will almost always stall until you are recovered or nearly recovered from your injury to try to settle your case.  Keep the following in mind during the process:

  • What is the total cost of all of your medical bills?
  • Do you still need any more care from doctors?
  • If additional treatment is needed, what is the estimated cost?
  • Are any of your injuries permanent?
  • If you have permanent injuries, do they affect your earning potential?
  • What is your total loss of wages and any other employment benefits lost?
  • Is it likely that you will lose any future income due to your injury?

These and other factors will affect your settlement. As your case progresses, your attorney will be able to make the decision about the right approximate time to settle your case.

My case: what is it worth?

It is nearly impossible to answer this question in the beginning of a case.  A value can’t be projected until all of the documentation is in hand. As you recover, and you must be nearly healed from your injury. Here are some of the factors that will contribute to the value of your case:

  • The total amount of your medical bills
  • The details of all medical expenses and their origins, ie. Tests, treatments, hospital stays, physical therapy, chiropractic, prescriptions, and over-the-counter medication in relation to your injury.
  • The total wages and other benefits that were lost due to your injury. These might include lost income, sick leave, vacatime time, lost insurance benefits due to missed work, and any other losses due to your injury.
  • The details of your injury, and the ways your injury impacted your day-to-day life. This could include inconveniences and limitations on household and family activities, mobility, leisure activities and sports, and your social life.
  • Permanency of injuries. This includes any permanent disfigurement such as scars or any other disfiguring characteristics. Being marred in a permanent fashion can add a great deal of value to a case.
  • Liability on the part of the defendant.
  • Any fault on your part for your injuries.
  • The laws relating to your case.
  • The credibility and quality of your witnesses, especially those that will testify about the incident, your injuries, and any of your treatment.
  • Any other factors due to your injury such as pain and suffering, inconvenience, and loss of consortium (if the injury affected your marital relationship- that includes both interactive communication and physical intimacy).

These factors above are a few of the many that must be considered in determining a settlement and value of a case. It is important that you and your attorney have accurate records of all documentation to correspond with all of these factors so that you have adequate support for your claim. Because there are so many variables, every case is different. Do not become frustrated if your case takes time. Your attorney only wants the best for you. Your incentives are aligned. Do not feel uncomfortable sharing personal information. Everything you say to your attorney is confidential and protected by attorney-client privilege. The more he or she knows about you, the better.

Who gets to decide how much money my claim is worth?

Your attorney, and your St. George law firm, have expertise and experience in personal injury cases such as yours. Your lawyer will examine all of the factors listed above and discuss a possible settlement range with you.

After your lawyer meets with you to pick a settlement range, he or she will contact the insurance company for the case to present a demand value with the hope that the at-fault carrier will compensate you with an offer inside your range.

Make sure to be aware that you are in charge of the final decision regarding the value of your case. However, your lawyer can make the best recommendation using his or her experience and expertise.

St. George Attorney: What Happens to the Person who Hurt me?

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St. George Attorney: What Happens to the Person who Hurt me?

Question:  What happens to the person, persons, or company who caused my injury?

St. George Attorneys Answer:

After your injury occurs and your claim is filed, the person or entity that is responsible will be contacted by their insurance company as part of the initial investigation.  Either the responsible party or a representative of the company that caused your injury will give statements to the claims adjustor for their insurance carrier. These statements are recorded and transcribed so that there are written records to be accessed later.

After this first investigation, there is little to no contact between the insurance company and the entity that caused your injury. The insurance company does not keep their insured informed day to day about the progression of your claim. The person or entity that caused your injury is likely going on about their daily life, knowing that the case will likely be settled by their insurance company with no further information needed from them.

What happens to the person who caused my injury if the case does not settle?

If you, your attorney, and the insurance company do not settle the case, it will proceed to litigation or lawsuit. At this point, the insured will be contacted by the insurance company again. The insurance company will assign an attorney to represent the tortfeasor (person, persons, or company that caused your injury). The tortfeasor will participate in the litigation process and must cooperate with the attorney assigned to defend them.  In this case, keep in mind that the lawsuit is brought against the entity that caused your injury, not the insurance company. However the insurance company will likely pay the verdict.

What if the tortfeasor was not honest or accurate about how the incident happened?

It is unfortunate that in many cases, the person responsible for an injury may fabricate or exaggerate some details about the incident. Many people will deny liability even when blame, negligence, or wrong-doing is clearly apparent. It is just human nature. You can rely on your attorney in this circumstance. Your attorney has dealt with many cases where the tortfeasors were not truthful about the facts of the incident. Sometimes, the insurance carrier will believe their insured or their witnesses and deny your claim, no matter what evidence you have collected and presented with you attorney’s help.  In these cases, a lawsuit is necessary. Your attorney will help you through the process of litigation and perhaps even trial.

However, in most cases, the truth comes out eventually. Your attorney will be sure to provide the insurance company with all of the needed evidence so that your claim will settle.

Can I contact the person or entity that is responsible for my injuries?

Again, the simple answer is No! Any contact with the tortfeasor could ruin or jeopardize favorable settlement of your case. Even an innocent comment made off hand could be misinterpreted and ruin your credibility.  Any statement can be used against you. Never contact the tortfeasor, even if they have not told the truth about the incident.

St. George Attorney: What will happen with the insurance policy on the driver that hit me?

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St. George Attorney: What will happen with the insurance policy on the driver that hit me?

Question: What will happen with the insurance policy on the driver that hit me?

St. George Attorney Answer:

Once the other party’s insurance company has been made aware of your claim, the will create a file about you and the details of your case. A claims adjustor will be designated for your file, but a claims manager or supervisor may assign different adjustors to your claim throughout its duration.

Your attorney will keep in contact with the adjustor for your file with the insurance company. In addition to the investigation done by your St. George lawyer, there will also be an investigation made by the insurance adjustor regarding:

  • The party at fault in the case.
  • Your own fault (if any) in your injuries, otherwise known as comparative or contributory negligence.
  • The scene of the incident.
  • Police reports, DMV reports, and any other reports by experts that pertain to the case.

After investigating the facts of your case, the insurance claims adjustor will contact your lawyer and request any medical reports and reports from other professionals regarding your injuries.  The claims adjustor will also review documentation about your lost wages in relation to your injury.  Mainly, the adjustor will need to obtain accurate records of your medical bills, pharmacy bills, and any other bills in relation to your injury and healing. For this reason, it is crucial for you to keep careful records of your medical bills, lost wages, and any out-of-pocket expenses due to your incident or injury.

How can a company decide how much my pain is worth in cash?

The answer to this question is a bit complicated.   Initially, the claims supervisor or claims manager will determine a set amount that will be reserved for your case’s value.  This number is called the “reserves” for your case. This value may change as your case progresses and other information is gathered. In serious cases the reserves value may equal the limits of the policy of the insured, or “policy limits.”  Policy limits are the maximum liability limit detailed in the insurance policy of the person or entity that caused your injury.

As your case is prepared by your St. George attorney, the insurance company will keep records of your medical expenses, lost income from work, and other information, just as you and your lawyer will. In addition, the insurance company will take into account the quality of the evidence you and your attorney have provided against their insured client. This includes the quality of the testimony of all witnesses, the amount of any liability on your part, and any other factors such as existing injuries.

If you have experienced any injury to the same part of your body in the past, the insurance company will require medical documentation regarding that injury and its status prior to the incident.  Throughout these communications, your attorney will stay in contact with the insurance carrier so that you are aware of all important information relevant to the case, and everything that the insurance carrier is considering.

Do I talk to the other driver’s insurance?

The short answer is no! You should never under any circumstances communicate with the insurance company once you have an attorney.  Contacting the other party’s insurance company could ruin your entire case with one simple question or comment, however unintentional. Your lawyer should communicate with the insurance for you using their expertise.

Additionally, it is against the law in most states for the insurance company of the other party to contact you once you have legal representation.

Do I talk to my own insurance?

There may be some times when it is appropriate to communicate with your own insurance company, whether it is health insurance, medical spending insurance, or automobile insurance. But you should always check with your attorney first about making contact with your insurance carrier. Never contact your insurance company without getting approval from your lawyer first.

What if the other driver’s insurance denies my claim?

If liability clearly falls on the insurance carriers’ insured, and all the facts are well established and reliable in your case, the company will try very hard to settle your claim.  But your case may be disputed if it meets these criteria:

  • If the fault rests with an outside party, or someone other than the company’s insured. For example, if you or anyone else involved in the incident contributed to your injuries, the insurance company will make a dispute.
  • If the insurance company does not believe you are injured, or injured as severely as you claim to be. This is why all medical records, hospital bills, and lost income are crucial to demonstrating the extent of your injury and its impact on you.
  • If you or your witnesses have falsified any testimony, exaggerated, or fabricated the nature and extent of your injury or the way the injury occurred when the incident happened.

How do I make sure to win my case?

Most importantly, you must do all you can to recover and heal from your injury as quickly as possible.   An insurance company is more likely to find you credible if you are active in trying to recover from your injuries.  You must follow all doctors’ orders, advice from your physical therapist, and any other medical professionals that are consulted to help you recover.

Additionally, the insurance company is likely to believe you and your claim if you have careful documentation of your injuries and treatment.  Exact and accurate medical bills and reports, and reports of wage loss information from your employer that is not exaggerated or open to interpretation will be of utmost importance in settling your claim.

Furthermore, insurance companies often settle claims more easily and efficiently with clients that have an active attorney on their side. If you are active in cooperating with your attorney’s advice, the insurance company is likely to find you and your claim credible and settle it as efficiently as possible.

St. George Attorney: How will my lawyer be paid and what is a contingent fee agreement?

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Question: How will my lawyer be paid and what is a contingent fee agreement?

St. George Attorney answer:

Your St. George attorney, as will most personal injury attorneys, will be paid with a percentage of the court award won in the final settlement on your injury case.  You will agree upon the percentage with your attorney using a contingent fee agreement. This document is a written contract, required by law, which protects you and your lawyer, specifying the fee your attorney will charge so that there is no misunderstanding about the cost of your case.  In most cases, the contingent fee agreement specifies that you will not have to pay your attorney for services unless your case is settled in your favor. Until the verdict occurs, you do not pay your attorney. The contingent fee agreement helps to ensure that your attorney will work hard for you and your case, in exchange for the portion agreed upon. However, you are responsible for out-of-pocket expenses and attorney’s costs in the event the case is not won or settled favorably. This is explained below.

What other costs will there be in addition to attorney’s fees?

The fee paid to your lawyer covers his or her time, effort, and expertise on your behalf. In addition, the fee covers some built-in costs such as secretarial hours, rent, supplies, and other overhead expenses.  Keep in mind that there will be some out-of-pocket costs besides your attorney’s fees that will be incurred along the way regarding your case. Here is some of what you can expect:

  • Charges for printing medical report documents from doctor’s offices and hospitals

Medical offices may charge a few dollars for copies, or even up to $100 or more for detailed reports that must be prepared with the expertise of your doctor or medical practitioner.

  • Costs for photocopies

Insurance companies require copies of all medical documents, police reports, witness statements, and lost wage information from your St. George law firm.  Your law firm pays for the copies, but will be charged a reasonable fee for each page.

  • Long distance phone calls

If your lawyer is charged for long distance telephone calls, you will reimburse the firm for these costs.

  • Costs of photos

Photos are very important as evidence in your personal injury case. You will be responsible for any cost for your attorney to copy or enlarge any photos.

  • Expert reports

If any reports are required from any experts other than physicians in your case, you will be responsible for the cost of these.

  • Costs of Litigation

In the event that your case escalates to suit or litigation, you will be responsible for the costs incurred for filing the lawsuit.

Are the attorneys’ disbursements and costs also contingent? Do they have to be paid up front?

The costs described above that are in addition and separate from your attorney’s fees are your responsibility throughout your case. These must be paid whether or not your case is settled in your favor. So, although your attorney’s fee is contingent on whether you win the case, the out-of-pocket costs as the case progresses are not contingent. They are your responsibility. Your attorney may require payment of these as they are incurred, or up front.  This is because it is not financially reasonable for your law firm to “finance” personal injury cases. The law requires that such expenses are to be paid by the client even if the case does not settle in a court award in their favor.