Personal Injury Litigation
This article is meant to give you a look at what litigation (i.e., filing a lawsuit) looks like for a claimant with a personal injury.
Often times, the beginning and the end of the legal representation involve a flurry of activity, while the part in the middle involves a whole lot of thumb-twiddling. Clients should expect lots of contact with their lawyer when they are first getting signed up, collecting medical records, signing releases, reviewing complaints or applications that need to be filed, etc. Then the case goes through discovery and things (usually) slow down a little. The attorneys send subpoenas back and forth. There may be some interrogatories for the client to help answer, or even a deposition. But by and large, the client waits.
I often get clients calling me to ask how things are going. I often have to tell them that there is nothing new from the last time we spoke (which could have been a few months ago). This can be quite difficult for someone who is already going through medical treatment for an injury/injuries, might be out of work, might be worried about health coverage, is adjusting to the “new normal” of a disabling condition, etc. Clients are, understandably, stressed out during this time. As an advocate, unfortunately, there is not a lot I can do for those folks to help with the stress. I put the case through its necessary steps, and if the other side doesn’t come to the negotiation table right away, we wait until case evaluation or mediation or trial or whatever closure the court system forces us into. I do all I can to make sure we get the best result possible, but I’ve got no control over how quickly (or slowly) the system moves, nor does any attorney.
That is why I try to warn my clients on the front end to prepare for a long and difficult battle. Insurance companies know how hard it is to survive financially while waiting for your case to resolve, and that frequently is part of their delay tactics. Injured parties should focus on getting healthy (as much as possible) and mitigating their damages to the extent they’re required to. These are the few things they control. The rest is up to the lawyers and the court system.
At the end of litigation, things can get busy and hectic as well. This can go one of two ways. If the case tries, there is, of course, lots and lots of preparation and the client needs to be involved in much of it. The client will also testify and be present at the trial. On the other hand, if the case settles, the client has to be involved in making that settlement decision. Clients need to know what the offer on the table is, make a decision about their bottom line, be informed of offers for settlement that go back and forth, and ultimately review and sign settlement paperwork.
What they say about many forms of litigation is true of personal injury cases as well: “Nothing’s a rush until it’s a rush.” In other words, we get these long, stressful delays in the action, and then we get a whole bunch of (still stressful) action all at once. This can be hard on claimants and attorneys alike. That is why I always advise clients to prepare for delays—expect the worst and advocate for the best.
If you’ve been injured and you’re thinking about litigation, call today. I would love to talk to you about your case and walk you through your legal options.
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