 |
|
|
| 5a.
You may accept their offer. If you do, congratulations;
you've solved your problem on your own. (But a word of caution.) |
5b.
If their offer is unsatisfactory, you can make a
counter-offer and try to negotiate a settlement without using
an attorney. |
5c. They
may not cooperate at all, refusing to communicate with you
or to accept responsibility for your losses. If that's the
case, and if you feel you are entitled to compensation from
them, it may be time to see an attorney. |
|
|
| 6.
An attorney will look at your case and probably tell you
one of three things: |
|
|
|
| 6a.
Your claim has merit and he will represent you. |
6b.
Your claim has merit but you should be able to resolve it
without an attorney (he may give you some pointers). |
6c.
Your claim lacks merit, either because there were no
substantial damages or because the other party was not
responsible for your losses. |
|
|
|
| 7. If you
and your attorney decide he should represent you, he
should prepare a fee agreement and discuss with you your
responsibilities as a plaintiff, one of which is to have no
more direct contact with the other side. |
|
|
| 8.
Your attorney goes to work. He should (a) notify the
negligent party and their insurance company that you are now
represented by legal counsel, and (b) begin
gathering information
about your claim. |
|
|
| 9. He will
probably issue a demand letter to the negligent party and
their insurance company after your medical condition is stable
and all anticipated losses have been identified. You should
review and approve the contents of the demand letter. The
amount demanded should be reasonable, or your claim will not
be taken seriously. |
|
|
| 10. Your
demand will be accepted, rejected or, most likely, countered.
About a month after sending the demand letter, your attorney
should get a letter from the negligent party's insurance
company. It will probably contain a counter-offer that you can
accept, reject or counter back. Your negotiations will produce
one of two results: a settlement or an impasse. |
|
|
|
| 10a.
If you can agree, you receive your settlement, pay your
attorney, and get on with your life. |
10b.
If you cannot reach a settlement, you can file a lawsuit.
However, you should know that lawsuits are time-consuming,
emotionally draining, and offer no quick results. You may be
disappointed in the outcome. |
|
|
| 11. Before
you go to trial, there may be a settlement conference or
private mediation in which the judge or another professional
takes an active role in the negotiations in an effort to
achieve a settlement. |
|
|
| 12. If no
settlement can be reached, you go to trial. Your attorney
will introduce evidence supporting your claim. The defense
will introduce evidence disputing your claim. Your testimony
will be heard and challenged, and a jury will try to reach a
verdict. |
|
|
|
|
| 12a. You
may reach a settlement during the trial. |
12b.
The jury may side with the other party, and you will
receive nothing. |
12c. The
jury may decide in your favor and award you as much or
little as they see fit. |
|
|
|
| 13.
The jury's decision may not be the last word. If the judge
disagrees with the jury, he can overrule them and find for the
other party; he also has the power to reduce the amount
awarded to you. Also, the other side may appeal or use the
threat of appeal to influence you to accept a settlement that
is smaller than the amount the jury awarded you. Your attorney
should also assist you in identifying and resolving any
outstanding medical liens arising from your injuries. |
|
|
Caution:
If you accept their offer, you should not sign any medical
release forms until an attorney has reviewed them. Some
injuries aren't detected immediately, and you don't want to
give up your future rights. If their offer requires you to
sign a release, you may not want to accept it. Return
to Step 5a.
|
|
Information
about your claim may include:
- medical records, to
determine the extent of your injuries
- medical and other
bills, to establish your financial loss
- employment
information, to substantiate claims for lost earnings
- police reports, to
establish responsibility for your loss
- photographs, to
illustrate the circumstances and results of the incident
- depositions (sworn
testimony given by you and other witnesses)
- witness statements
and
- insurance records.
Return to
Step 8.
|
