Investigation of the Claim
Once
our firm is retained to represent an individual or family we place
the potential defendant, and the defendant's insurer if known, on
notice of our representation. We then gather the necessary facts,
documents and data surrounding our client's claim. We call this
the "investigation" phase of a claim.
In
the "investigation" phase of a claim we request and obtain medical
records and bills, interview witnesses, obtain necessary statements,
take photographs of the accident scene or of the automobile or product
involved. Our purpose is to ensure that the claim is well documented
and that all necessary evidence is preserved. We also make sure
our client's injuries are treated and that their medical needs are
being met. The "investigation" phase of a claim may take anywhere
from 1 month to, in severe cases, a year or more, depending upon
the complexity of the claim and the nature of our client's injuries
and damages.
The
Pre-Suite Demand
The
progress of a client's personal injury claim is typically driven
by the progress of the client's medical treatment. This is because
the next step in the pre-suit phase of a claim is the "demand" phase.
In the "demand" phase we prepare a demand package consisting of
a demand letter, medical bills and records, and the results of our
investigation. Typically, the demand package cannot, or should not,
be sent until our client has reached a point in their medical treatment
known as "maximum medical improvement." This is the point in their
treatment where our client's physician informs them that they have
finished treating or, if additional treatment is necessary, that
they have nevertheless reached the point in their treatment where
further improvement in their condition will not occur. It is not
unusual for there to be a one month to one year period between the
conclusion of the "investigation" phase of a claim and the preparation
of a demand package as we wait for our client to finish treating.
Approximately
80% of our cases settle without the need for a lawsuit. This is
for a number of reasons. Most clients and defendants desire certainty
in the result of a claim. A pre-suit settlement gives certainty
through a defined, known amount being paid by a defendant to our
client without the risk of a trial. In our firm the decision of
whether to settle is always left to the client, although we will
offer advice based upon our experience and our knowledge of the
claim as to what is, and is not, a fair settlement offer.
|