What to Expect
We understand that the legal process can be concerning and there are many misconceptions about what actually happens during the process of a legal case so we've put together a basic outline of some of the steps you might encounter as your case progresses. If you have any questions about the process we would be happy to discuss your options in person at one of our offices located throughout North and South Carolina or via phone 24 hours a day, 7 days per week.
Phases of a legal case
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Phase 1: Medical Treatment - Regaining your health and getting proper, timely medical care is the most important phase of your case. We can't begin to estimate the value of your case until after your medical treatment is completed and all expenses are incurred. At the beginning of the case your attorney will form a plan of action that starts with getting you back to being healthy. Our case management team will be in touch with you on a regular basis during this treatment phase to stay abreast of your care and are available to answer any questions you may have.
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Phase 2: Evaluation Once your doctors release you from treatment, your case management team & attorney will compile all your medical records, bills, prescription costs, lost wages, and any other evidence of monetary losses. Your attorney will carefully evaluate the value of your claim by thoroughly reviewing your medical records, bills, and other facts involving your accident. From this phase to the conclusion of your case, your case management team will periodically update you on your case status as new developments occur.
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Phase 3: Negotiating Your Claim - Negotiating Your Claim - Your demand package containing all evidence of your medical treatment, bills, and monetary losses is sent to the liability adjuster for their review. Our case management team will follow up with the liability adjuster to confirm the demand package is received, determine if any more information is needed, and inquire as to when an offer will be made. Once an offer is made, your attorney will contact you to inform you of the initial offer amount and will advise you of the negotiation strategy of your claim. When we feel that an insurance company's offer isn't fair and negotiations are not obtaining the desired result, we may advise that it is in the best interest of the case to begin the litigating process.
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Phase 4: Resolution - If we are able to jointly arrive at a fair settlement with the insurance company, and the decision is made to settle, you will be notified as soon as your claim is settled and the insurance company will forward the settlement check(s) to our office. Your case management team will confirm all your outstanding medical bills and investigate any health insurance, Medicare, or Medicaid reimbursement liens or subrogation claims.
Your disbursement will be finalized, and you will be called to come in and sign it along with the settlement check(s).
The settlement check MUST be deposited into our Interest on Lawyers Trust Account ("IOLTA") and cleared by the bank before we may pay out any funds, a process which usually takes 5-7 days from the date you sign the check. Finally, we will mail payment to your providers, and you will be able to pick up your settlement check when you are notified that it is ready.
To Settle or Sue:
In most cases we are able to successfully resolve your case with the insurance company, and get you the compensation that you deserve without incurring the time and expense of going to court and prolonging your road to recovery.
Discovery:
In the event that we advise to file suit and you agree, we will enter the litigation phase of a case. The litigation process is very different than the previous steps and we will put your case in the hands of an attorney and case management team specifically focused on the process of litigating your case. Initially we will file the lawsuit in a county where either party resides. Next, we will begin a process called the "Discovery" phase that usually takes between four and six months. The discovery phase is a fact-finding process that takes place after a lawsuit has been filed and before a case goes to trial. It gives both parties an opportunity to ask questions and obtain information in a structured method.
Mediation:
After the discovery process, we set dates for court-ordered mediation. Mediation is an opportunity for all the parties to get in the same office and attempt one last time to resolve the case without going to a jury trial. Generally a retired judge or experienced attorney will serve as the mediator and try to help both sides resolve their differences. In a mediation, each party will introduce their position and will work separately with the mediator to explore possibilities of settlement. As stated above, most cases do settle successfully before being litigated, but are litigated and tried before a court when necessary to get the compensation you deserve. If a case can settle, it doesn't mean that the case should be settled. A case should settle before litigation only in the event that the insurance company offers a fair value for your losses.
If you have additional questions about the phases of a case, please call us or stop by one of our North and South Carolina office locations, or complete our confidential case review form. If you can't come to us, we'll even come to you.
