What Should You Expect After Filing a Personal Injury Claim?
At Harris & Harris Lawyers, we receive many calls from people who are unsure about whether they should deal directly with an insurance adjuster or hire a Las Vegas personal injury attorney to handle their case. Most people suspect they need a lawyer, but they are often afraid that it will mean getting involved in a lengthy legal process.
We believe that the more you understand about the process of filing a personal injury claim, the less worried you will be about hiring a lawyer. You will understand the many ways that a lawyer can make your life easier during a difficult time.
The First Step
The process begins with a free initial consultation. Contact our Las Vegas law firm to arrange a convenient time to meet. If you can't come to our offices, we can meet at your home, office or hospital room. During our initial consultation, we will listen to your concerns and gather information. We are selective about the cases we handle and will never make empty promises or accept a case if we do not think we can help.
If we accept your case, you will not pay attorneys fees unless we help you recover money damages in a negotiated settlement or jury award. You may be asked to pay a nominal retainer to cover the costs of required court fees and other expenses associated with investigating and preparing your case.
How Long Will It Take?
At a minimum, you should expect your case to require four to six months. Your attorney will require time to investigate and to work with independent experts to gather evidence against the negligent party.
You will be instructed to focus on your health, including following doctor's orders for treatment, medications and physical rehabilitation. When you have achieved maximum medical recovery (MMR), your Las Vegas personal injury attorney can determine the full extent of damages to seek. It is likely that the insurance company will continue to try to settle throughout this part of the process. You always have the option to accept a settlement offer, but you will be waiving the right to pursue further compensation in the event of future medical problems associated with the accident.
If you suffered a catastrophic injury, the case development process may take two or more years as you work toward maximum medical recovery. Your Las Vegas personal injury attorney will notify the insurance company that it should expect a significant settlement or jury award. The insurance company will typically set aside reserves for such a settlement. After your doctor has signed off on your MMR, your attorney will work with life-care planners and financial experts to determine the full extent of damages you are seeking.
A formal complaint will be filed in the appropriate court and the opposing counsel for the insurance company will respond, typically with a motion to dismiss. In a summary judgment, a judge will decide whether the case has merit to proceed to trial. If your case passes summary judgment, a trial date will be set. Both sides then begin the process of "discovery" of evidence and other legal issues relative to the court process, with each side fighting for the maximum advantage for their client.
Throughout the legal process, the court expects that the parties are making every effort to settle their issues in negotiations. There may be several months of back-and-forth discussions. Your attorney will keep you fully informed about the progress of your case, including settlement offers and judge's decisions.
During settlement negotiations, you generally do not need to confront the opposing insurance defense lawyers or the negligent party. There may be times when you will be required to appear in court on a procedural matter or provide a deposition at our office or the insurance defense office.
Remember that no matter how deep into the settlement negotiations or court process your case goes, you always maintain the right to settle at any time.
Going to Court
Right up to the final minutes before trial, the judge will do everything possible to persuade the parties to settle out of court. In most cases, the insurance company will offer an acceptable settlement before your case goes to a jury trial. You always have the right to refuse all settlement offers.
It is not unusual for a lawsuit that goes to a jury trial to take two or more years to resolve. The actual jury trial process may take several weeks or months, with long periods of recesses. Either party may seek delays. Throughout the trial, the insurance company may continue to make settlement offers. If you cannot agree to a settlement offer, the trial proceeds until the evidence goes to a jury for a final decision about liability and the amount of compensation, if any, to be awarded. Typically, jury awards are significantly higher than any settlement offered by the insurance company.
Compensation and Fees
Depending upon the terms of your retainer, your attorney will be paid a percentage of the final settlement or jury award. Out of your final compensation, you will be expected to repay any property and medical insurance costs covered by your own insurance company (this is known as subrogation). In addition to attorneys fees, all other expenses associated with investigating and preparing your case will typically be paid for out of the final settlement or award.
Free Consultation · Contingency Fees · Statewide Representation
At Harris & Harris Lawyers, we are selective about the cases we accept. We know that we are often your last chance for justice so we prepare every case to win in a jury trial. It is the only way to show the insurance company's lawyers that they better be prepared to bring a fair settlement offer to the table. Contact a Las Vegas personal injury attorney at our office to arrange a free case evaluation.
