What To Expect From Your Attorney During Your Case

In a personal injury claim, there are different phases to a case. For example, in a “soft tissue” claim (meaning no broken bones), where a person suffers neck and back injuries following an accident, that individual may require treatment for four months or more following the accident. Based on the nature and severity of their injuries, the injured person can decide what type of treatment they receive whether it is by a medical doctor, physical therapist, chiropractor, acupuncturist, or massage therapist to reach a point of medical stability, meaning their symptoms are no long acute and little pain is reported. More serious injuries require will require lengthier medical treatment and the damagesinvolved will be greater.

During the period of treatment, the client’s focused should be on the recovery process and getting better. An attorney or their staff should check in with the client at least monthly to check in and provide an update on the status of the case. A good attorney will typically send a periodic update letter to the at fault insurance company’s claims adjuster during the course of treatment informing them of the nature of the client’s injuries, the current treatment program, and the amount of medical bills and lost wages incurred up until that date. Claims adjusters appreciate receiving updates on claims to update their files and set aside reserves.

Once medical treatment is completed, the client's attorney will obtain all medical records, bills, police reports, photographs available, declarations from witnesses needed to document and support the claim. They will then prepare a demand package which is a letter personalizing the client’s claim, how the injuries have affected them, state the amount of damages they have incurred in terms of medical bills, mileage expenses to drive to doctor’s appointments, lost wages, potential future medical bills, and general damages for pain, suffering, and inconvenience resulting from the accident. The demand package will include the letter, the medical bills, records, and other information pertinent to the client’s claim.

In more serious injury cases where substantial treatment is needed or in cases where the statute of limitations is a factor, an attorney may submit a claimant’s demand package while they are still receiving treatment and request damages that include future medical treatment. In Washington State, there is a three-year statute of limitations to file a personal injury lawsuit, meaning that if a lawsuit is not filed within three years of the date of the accident, it will be forever barred from going to court.

The demand will request that the insurance company for the at fault party respond to the client’s demand by a specified date. Once the insurance adjuster has evaluated the information and made a determination on the value of claim and received approval to make an offer, if any, negotiations will begin. If the parties are able to reach an agreement to settle the claim, the insurance company will typically issue the check in the name of the attorney and the client. The attorney will be responsible for disbursing the funds received for the case, deducting their attorney’s fees and costs, paying any outstanding medical bills or insurance subrogation claims, and then paying the remaining funds to the client.

A claimant's attorney will also typically be involved in negotiating the subrogation amounts, or the amount to be paid back for any PIP paid or health insurance payments made relating to the injury claim. The client’s auto insurance company and health insurance company typically have contractual language in their contract with the insured that allows them to recover at least a portion of the amounts they have paid. The personal injury attorney should be able to assist the client in that situation.

After negotiations, if an agreement cannot be reached for the claimant’s injury claim, a decision will have to be made by the claimant how they wish to proceed with the claim. Their attorney will be able to explain the risks, advantages, and consequences of going to court, and what all it entails. In Washington State, a personal injury case may first go to mandatory arbitration with the insurance company depending on the which county the lawsuit is filed, in, which court the lawsuit is filed in, and the amount of damages involved. Mediation with insurance company may be another potential avenue of resolving the claim with the insurer.

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