The process of a personal injury case is always the same, no matter what type of case it is (medical malpractice case, civil rights case, car accident case, fall down case).
Once you provide us information about what happened to you, what medical injuries you’ve sustained, and the sort of treatment you are receiving, we obtain all medical records and do our investigation. In a car accident case, for instance, we go to the scene of the accident, take photographs, speak to witnesses, and so on.
Once the investigation stage is done, we send all the itemization to the opposing insurance company, and the settlement negotiations are started. If the parties cannot reach a settlement, we file suit.
Once the lawsuit is filed, the court sets certain time tables, telling us by what date we must complete our discovery (depositions, interrogatories, and so on). After that, the court will set the trial date.
Before the trial date, the parties usually go through a pre-trial settlement conference. You may or may not be involved in the pre-trial settlement conference, but you will always be informed of what happens at the conference. If the parties cannot reach an agreement there, the trial date will be set and the parties will go to trial, at which point you will be fully engaged in the trial process.
In a typical motor vehicle accident case, your own insurance company pays your medical bills. In a fall down accident, for instance, your health insurance coverage pays your medical bills. Clients frequently assume that the other person’s insurance company is responsible for paying all of their medical bills but that is not correct under the law. Rather, the other person’s insurance company is responsible for paying for your pain and suffering. That’s typically the larger portion of the case.
As long as you, the victim, are having on-going complaints related to the accident, you should be informing your doctor about those complaints.
At the very least, your doctor is going to be making a record in his or her chart about your complaints, and you can present that list of complaints to the opposing insurance company. When the case goes to a juried trial, the jury will hear how long you went to see your doctor and what the complaints were over a period of time.
It is crucial that, as long as you have complaints related to the injuries of your accident, you continue to receive medical care.