Providing Top-Notch Insurance Litigation Services

 If you have been hurt because of third-party negligence (dangerous condition of a property; professional negligence; product defect, etc.), the first thing to do is to get medical care.

It is very important to get into the emergency room or an urgent care center to obtain a proper diagnostic work up so that you can be made aware of the extent of injuries and then start treating to effectively manage the recovery process. It is also important to determine what medical treatment program or therapy will be to optimize recovery.

If the client has no medical insurance, an attorney will assist the client to be treated on a lien basis. If the client has medical insurance, typically the commercial or government health plan will seek recovery of the amount paid for the treatment of injuries that resulted from third-party liability. The law firm will assist the client in negotiating down the lien amount that will be sought against any third-party recoveries.

Typically, in case of an injury caused by third-party negligence, it is imperative to obtain photos of the incident or location where the claimant was injured. Obtaining all evidence of third-party negligence, injuries, and causation is extremely important as this is essential to prove up a claim for damages and assist in the process of obtaining full and fair compensation.
It is also helpful for the attorney to have any photos of any property damage and injuries as well as a statement from the client describing how the incident causing injuries occurred and actions taken by third parties that may have contributed to or caused the injuries. Witness statements are also critical as part of the initial investigation.

The attorney also needs a Health Insurance Portability and Accountability Act (HIPAA)-compliant authorization for release of medical records and bills so that complete medical and billing records for treatment of the injuries related to third-party liability can be obtained.

When you have received treatment, the attorney will make a demand on the insurer of the other party to settle the claim during per-litigation if possible. If a reasonable offer is forthcoming, then the claim will be settled at this stage.

If a reasonable offer is not forthcoming from the negligent party's insurer, then the attorney will file a lawsuit and pursue recovery via litigation. Once the lawsuit is filed, there is a strong possibility that the matter will be settled out before trial and verdict.

According to statistics, 98% of cases filed are settled before they go to trial. With this, it is more likely for a case to settle once a lawsuit is filed.

There is no easy answer. It depends on the facts of the case and the opposing party. Typically, if liability is clear, and the parties both have a similar appraisal of damages, the case will likely settle soon.

If there are issues such as differing opinions or appraisals of liability and damages, then the case will require litigation in order for the parties to come to terms. If the parties are irreparably far apart, then the case will likely have to be tried. However, owing to the time and expense of litigation, it puts pressure on both sides to be reasonable and attempt to seek a negotiated resolution of the dispute.