If you were injured in a car accident, hurt on the job, or experienced medical negligence, it can be a confusing time. Hiring a personal injury lawyer to represent your case will protect your rights and give you the best chance at receiving the compensation that you need. At The Law Offices of Alex R. Hernandez Jr., PLLC, we are committed to giving you our best and handling your case with compassion, understanding, and knowledge. Our experienced lawyers have excellent customer reviews and won’t stop until you get the resolution that you need. If you have a personal injury claim, call us today!
Settlement Negotiation and Litigation Process
Once you have chosen a lawyer and he or she has reviewed your case, you may not hear from him or her immediately. This is because this processes usually takes time and responses might not be received in a timely manner. Even though it seems like nothing is happening, it is. If you have questions, feel free to communicate with your lawyer. You should never be left in the dark by your lawyer or the status of your case. Many factors have to be completed before a settlement can be reached, such as:
- A lot of initial work has to be done: obtaining witness accounts, police reports, photographs, etc. All of the compiled evidence is extremely vital to your case to verify that the accident happened, that you were hurt, and to establish who was at fault.
- An attorney can’t proceed with the case until your doctor has cleared you completely and that you have recovered from your injuries. If your recovery process will take a long time, then you can be advised that your physical condition is stabilized. After these documents have been obtained by your lawyer, then your claim can proceed. All medical documents, prescriptions, bills, and reports are needed to form a case. This process usually takes time as medical professionals, hospitals, and doctor’s offices are slow to issuing them.
- The next step will be soliciting a settlement offer from the insurance companies involved. This usually takes a long time because the offer usually has to be reviewed by several insurance company employees. If an offer is sent to you, do not sign it. Instead, notify your lawyer and have him or her review it so different courses of action can be discussed.
- If the settlement is unfair or is lower than the amount needed to cover your medical costs, time taken off of work, emotional difficulties, and other issues, your lawyer will discuss with you whether or not you want to file a lawsuit. If this is something you would like to do, then your attorney will file the lawsuit against the company.
My Case is Now a Lawsuit. What Happens Next?
If the insurance company is not willing to negotiate proper compensation for your case, then a lawsuit is your next course of action. The word “lawsuit” may be scary to you, but your attorney simply wants you to be able to receive the amount that you have requested. Most insurance companies will only give you the minimum amount, and will try to get you to settle quickly. They will often try to get you to settle without having a lawyer look over your case while you’re still recovering and focused on more immediate, vital things. Once you sign a settlement, you sign away your rights and if there are more medical expenses that come up after your initial treatment, such as physical therapy or an emergency surgery, you won’t be able to receive any more compensation from the insurance company. If you have an insurance settlement that is sent to you, don’t sign it! Have a lawyer read over the settlement and discuss it with you. If you’re searching for a lawyer to review your case for free, call The Law Offices of Alex R. Hernandez Jr., PLLC. We can help you understand the fine print of a settlement and advise you on whether or not you need to reject the settlement or file a lawsuit.
A lawyer will need some help and cooperation from you. First off, your main focus is getting better and recovering from your injuries. While you may believe that your injuries are minor, they could quickly turn into something more serious. Also, don’t “suffer in silence”. Even if you’re afraid that your treatment won’t be covered, it’s much harder to prove injuries and health issues if you’re not under a doctor’s care. Refusing to get proper treatment could seriously jeopardize your case.
If you don’t receive or seek medical help, then the insurance company has reason to deny you compensation because you failed to comply with your “duty to mitigate damages.” This is a law that requires anyone who is injured to seek medical treatment and to prevent his or her injuries from becoming worse. Don’t try to tough out a serious injury because you’re afraid you won’t be covered. Your lawyer will work with you to ensure that your treatment and medical costs are covered.
Make it a point to carefully document any and all care that you receive, from receipts for prescriptions to medical bills to the bills for your therapies. Having an accurate and meticulous paper trail will only benefit you and help your case. Make sure to keep multiple copies of bills or you caneven scan and keep them in a file on your computer.
Also, don’t talk with anyone about your case. If someone questions you or an aspect of the lawsuit, refer all questions to your lawyer. Not discussing anything with anyone is vital to protecting your rights, and you can never be sure of who you can completely trust to keep the details of your case quiet. This is critical if your case becomes a media story or if the insurance company chooses to become hostile and take the lawsuit to court. Protecting your rights and health is imperative for a personal injury lawsuit.
Finding an experienced lawyer to take over your case and give you excellent legal advice is imperative for a personal injury case. Even if you end up taking the insurance company settlement, making sure your case has been reviewed by an attorney who understands the ins and outs of personal injury lawsuits and claims will ensure that you’re receiving the correct compensation. If you’re searching for a personal injury lawyer in the Corpus Christi or Victoria, Texas area, call The Law Offices of Alex R. Hernandez Jr., PLLC. Our experienced attorneys will review your case for free, and give you advice moving forward in your case. Call us now!