If you’ve been injured in an accident, you may be wondering what happens after the initial incident but before it becomes necessary to file a lawsuit. There’s a lot that takes place during the pre-litigation stage of a personal injury case, and your attorney plays a critical role in helping you recover physically, financially, and emotionally. This period involves gathering information, securing medical treatment, negotiating with insurance companies, and ensuring that all necessary steps are taken before your case moves forward.
In this article, we’ll walk you through the pre-litigation process, explain what your attorney does during this time, and why it’s important to understand each step. Additionally, if you’re navigating a personal injury claim and need guidance, Herrman & Herrman Personal Injury Lawyers are here to assist you through every phase of your case—ensuring you have the support and legal expertise you need.
The Goals of Pre-Litigation: Your Health Comes First
When you’re involved in a car accident or any type of injury incident, the immediate focus should always be on your health and recovery. During the pre-litigation stage, one of your attorney’s primary goals is to ensure that you have every opportunity to get better, both physically and mentally. Here’s a breakdown of how this phase of the process works:
1. Seeking Medical Treatment
After an accident, it’s crucial that you seek medical attention as soon as possible. Your attorney will work with you to ensure that you get the necessary medical care for your injuries. Depending on the severity of the injury, you may need to visit a hospital emergency room, see your primary care physician, undergo physical therapy, or receive chiropractic care.
In some cases, injuries may be more severe, requiring additional diagnostic testing or specialized care. Doctors specializing in pain management, orthopedics, or neurology may need to assess your condition further. The pre-litigation process is designed to give you time to pursue the right treatment so that you can fully recover from your injuries.
While you focus on your health, your attorney ensures that the legal aspects of your case are moving forward smoothly.
2. Gathering Medical Records and Evidence
As you receive medical treatment, your attorney will begin gathering medical records and other documentation to support your case. This includes detailed records from your hospital visits, doctor consultations, physical therapy sessions, and any diagnostic tests (such as X-rays, MRIs, or CT scans) that help identify the extent of your injuries.
These records will be crucial in proving the severity of your injuries and showing how they are directly related to the accident. Insurance companies rely heavily on medical records to evaluate your claim, and having a complete and accurate medical history is key to building a strong case.
Your attorney will also be working to gather additional evidence of damages, including photos of the accident scene, damage to your vehicle, witness statements, and police reports.
The Car Repair Process: Navigating Insurance Companies
While your health is the priority, another important aspect of the pre-litigation process involves dealing with the damage to your vehicle. If your car was damaged in the accident, it’s important to get it repaired as soon as possible. However, before that can happen, your attorney will need to establish liability—in other words, prove that the other party was at fault for the accident.
1. Proving Liability to the Insurance Company
Sometimes, proving liability is straightforward, especially if the at-fault driver has been cited for the accident by law enforcement or if the other driver admits fault. In these cases, your attorney may only need to provide a police report to the insurance company to confirm the facts.
However, more often than not, establishing liability can be a more complex process. If the other party denies fault or there are disputes about what happened, your attorney may need to present additional evidence to prove the other driver’s negligence. This could include:
- Witness statements: Statements from witnesses who were present at the scene of the accident can help clarify who was responsible.
- Google Earth or other evidence: Your attorney may use technology to map the accident scene and show how the crash occurred, especially if there are conflicting stories.
- Photos and video footage: Photos from the accident scene, dashcam footage, or security video footage can provide visual evidence of how the accident happened.
Once liability is established, the insurance company will typically provide a rental car for you while your car is being repaired. If a rental car is not provided, the insurance company will reimburse you for the rental expenses.
What Happens After Treatment and Car Repair?
Once you have received your medical treatment and your car is repaired, your attorney will begin preparing the next phase of your case. This includes gathering all the necessary documentation and working toward a settlement with the insurance company.
1. Compiling Medical Bills and Records
One of the most important steps in pre-litigation is compiling all the medical records and bills related to your treatment. This includes doctor’s visits, physical therapy sessions, diagnostic tests, surgery costs, prescription medications, and any other medical expenses you’ve incurred because of the accident. Your attorney will work closely with you to ensure that all of your medical records are up to date and complete.
This is a crucial part of the settlement process, as the insurance company will review these records to evaluate the severity of your injuries and the medical costs associated with your recovery. Your attorney will also gather any additional documentation related to your lost wages, pain and suffering, or emotional distress.
2. Sending a Demand for Settlement
Once all the evidence is gathered, including medical bills, records, and proof of damages, your attorney will compile the information into a demand package. This demand will be sent to the at-fault party’s insurance company, requesting a settlement amount that reflects the true value of your claim. The demand letter typically includes:
- A detailed summary of the accident and how it occurred
- A description of your injuries and treatments
- The medical records and bills supporting your claim
- A demand for compensation that includes medical expenses, lost wages, pain and suffering, and other damages
At this point, your attorney may engage in negotiations with the insurance company to reach a fair settlement. Many cases settle at this stage, but it can take time for the insurance company to review the demand and make an offer.
Final Steps: Settling and Ensuring Full Payment
Even if your claim is settled before a lawsuit is filed, there are still important steps your attorney will take to ensure that your settlement is fair and that all parties involved are properly compensated.
1. Paying Medical Providers and Lien Holders
If your case settles, there may be outstanding medical bills or liens (claims against your settlement for unpaid medical bills). Your attorney will work to ensure that all medical providers and lien holders are paid from the settlement amount before you receive your portion. This includes paying for any treatments you received on credit, such as from a hospital or medical provider who treated you under a lien agreement.
2. Subrogation Interests and Other Liens
In some cases, your health insurance provider or other entities may have subrogation interests, meaning they paid for some of your medical bills and now seek reimbursement from your settlement. Your attorney will negotiate with these parties to ensure that the lien amounts are accurate and that you’re not overpaying. This is a crucial part of the settlement process, and your attorney will work to maximize the amount you receive after all liens and subrogation claims are settled.
3. Receiving Your Settlement
Once all the payments are made, and all liens have been satisfied, you will receive your final settlement check. At this point, your attorney will ensure that you understand the final details of the settlement and that you’ve received the compensation you deserve.
Contact Herrman & Herrman Personal Injury Lawyers for Assistance
If you’ve been involved in an accident and need help navigating the pre-litigation process, Herrman & Herrman Personal Injury Lawyers are here to assist you every step of the way. We understand that dealing with the aftermath of an accident can be overwhelming, and we’re committed to making sure you get the medical treatment you need while also protecting your legal rights.
Our experienced team will help you gather all the necessary documentation, work with insurance companies, and fight for the compensation you deserve. Whether your case settles or proceeds to litigation, we’re here to help you get through the process smoothly and efficiently.
If you’re ready to discuss your case or need assistance with your personal injury claim, don’t hesitate to contact Herrman & Herrman today. We offer free consultations, and we’re here to help you achieve the best possible outcome for your case.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
Our Texas personal injury lawyers help clients who have suffered injuries in various accidents.
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.
If you or a loved one was injured, please get in touch with us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm that holds negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus Christi, Corpus Christi South Side, Dallas, Brownsville, McAllen, San Antonio, Austin, Houston, and Ft. Worth, TX.
We remain by our client’s side, handling all aspects of their claims and attending to all legal, medical, and financial needs. That dedication combines experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients suffer from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation, and their overall need for a lawyer.
