Sequence of Your Lawyer's Work
At The Scranton Law Firm, we truly care about our clients and we are looking out for your best interests every step of the way. All personal injury claims are different and the sequence of events can vary depending on the facts of each case. However, the following overview should give you a good idea about how personal injury cases typically proceed.
Initially, a lot of work must be done to establish the basic facts of the case, gather and preserve evidence, and establish liability for the accident. This stage will include actions like obtaining witness statements, taking photographs, and gathering any official reports from police or other first responders.
When the treating doctor has released the injured person from further treatment or advised that their condition has stabilized, important documents such as medical reports, bills, and employment records are assembled in order to calculate and substantiate the claim for damages. This process takes time since it is dependent upon how long health providers and employers take to prepare the requested reports.
Efforts are then made to solicit an offer from the insurance company involved. This is another potential source of delay since each case is generally reviewed by a number of insurance company employees. When an offer is received, the client is promptly notified. We review the terms of the offer with the client and evaluate any alternative courses of action available.
If a fair settlement is not obtained through negotiations with the insurance company, suit is filed and / or Arbitration is demanded. The first paper filed in a lawsuit is called the Complaint, which lays out the basic facts of the case and the various Causes Of Action. The defendants named in the lawsuit then have a limited amount of time to file their response to the Complaint, which is called the Answer. Delays can occur at this phase when there are several defendants in a case, when a defendant is difficult to locate, and when one defendant sues other defendants.
After all defendants have filed their respective Answers, discovery proceedings begin. During discovery, both sides have the opportunity gather information by using written questions, called interrogatories, requesting documents, and taking the depositions of parties, witnesses and experts. Discovery can be time-consuming and expensive depending on the complexity of the case and the number of parties involved.
After discovery is completed, an Alternative Dispute Resolution (ADR) procedure such as Arbitration or Mediation may be utilized, if appropriate, to resolve the case. ADR procedures are designed to resolve disputes without the need to go through the lengthy and often very expensive trial process.
If a case is not resolved through negotiations or an ADR procedure, a trial date is requested. The assignment of a trial date is beyond the control of any party and depends solely upon the Court's schedule.
If trial becomes necessary, additional preparations are undertaken in order to present a well-organized and persuasive case.
Keep in mind that The Scranton Law Firm works on a Contingency Fee basis. That means you pay us nothing up front, we advance the costs required to prepare the case, and we get paid a percentage of the recovery. If the case results in no recovery, we get paid nothing and you owe us nothing.
If you have been injured in an accident in California, call the experienced lawyers at The Scranton Law Firm today for a free consultation.
