Injury Claim Process

The Crim Law Firm’s staff strives to handle all cases as quickly as possible, based on the individual factors involved in each. However, each injury claim does follow a process, and takes time to evolve. We keep our injured clients informed regarding this process, encouraging a patient and cooperative attorney/client relationship that results in an atmosphere conducive to a just resolution of an injury claim.

Again, while each individual’s claim differs, consider the following timeline, which roughly tracks the average process of a personal injury claim. Certain claims take substantially longer than the following depiction evidences, but the series of events for most claims is substantially similar.

Typical Example of the Injury Claim Process

Diagnosis Timeline

First and foremost, personal injury claims are just that — injuries. Thus our Firm relies on competent medical care providers to properly diagnose each personal injury and fully explain an injured party’s prognosis; a diagnosis and prognosis are essential to our monetary evaluation of an injured client’s claim.

First Month : Consultations and Investigation

We complete an initial consultation and establish the facts and circumstances surrounding your claim, and we complete a preliminary liability evaluation, identifying all potential sources of recovery. We will also begin consultation regarding your medical status and necessary treatment. Existing documentation will also be reviewed, such as medical records and accident/incident reports. Shortly after retaining The Crim Law Firm, we assign a member of our senior staff as your main contact with the Firm; you may always set up telephone or office conferences with an attorney at any time throughout your claim. Insurance claims are then established. In the event that your claim involves an automobile collision, we will aid with property damage issues as necessary.

Months 1-3 : Medical Treatment

After all investigation is completed, we monitor your medical status. We ask all clients to keep a list of all medical providers with whom you have consulted, so we may then obtain all medical information regarding your injuries. During this phase of your claim, you will work with your medical care providers in an effort to diagnose your injury and alleviate pain; often orthopedic injuries require physical therapy and other conservative treatment modalities. Additional diagnostic testing may be needed, depending on your individualized circumstances. Our investigation regarding the facts surrounding your claim is usually completed. It is imperative that you stay in close contact with your assigned senior staff member, and update us regarding medical developments.

Months 1-6 : Documentation and Further Treatment

Your medical treatment may continue after the first several months depending on the severity of your injury; in the event that structural maladies are diagnosed, further treatment or additional treatment options may be undertaken. We will begin gathering all relevant medical records and billing which will serve as evidence and documentation of your injury claim. In the event that treatment has ended and you have been released from medical care, we construct a formal demand for settlement, directed at all responsible parties or insurance companies. The demand consists of a position letter detailing the liability and injury facts as well as all relevant medical records and bills. We usually do not proffer a formal demand for settlement unless medical care is complete.

Months 3-12 : Further Documentation and Negotiations

Again, while each case is unique, usually at some point within the first year, you will be released from medical care and a demand will be extended. Once a demand has been sent, negotiations with those responsible for your injury commonly take several months to conclude. In the event that medical care continues to be necessary, we will continue to monitor your injury status and gather medical records and billing, thereby documenting your claim. However, many injury claims are resolved within the first year. If treatment is complete, and an amicable settlement acceptable to you is not achieved, we will likely review your claim for litigation against the responsible parties.

Beyond 12 Months : Settlement Discussions or Lawsuit

Certain claims may last longer than the first year without achieving a final settlement. Medical treatment may be ongoing which might prevent a final evaluation of your claim; a multitude of other factors might also force an expansion of common claim timetables. At some time within the second year of your claim, we will move to effectuate settlement, ethically withdraw from further representation, ethically associate additional legal counsel on your behalf, or file a lawsuit against those responsible for your injury. While every case is unique, Texas normally proscribes a two (2) year statute of limitations regarding personal injury liability claims.

Litigation Timeline

Litigation is, by definition, a lawsuit including all of the proceedings involved in a legal action. It is an adversarial method of resolving a dispute. While lawyers are traditionally seen as problem-solvers and counselors, the role of the litigator or trial lawyer is to act as an advocate for his or her client’s case before judges and juries.

Months 1-4 : Suit and Answer

Litigation timelines are even more case specific than claims and thus, even more difficult to predict. However, some commonalities are still evident. Litigation can be a very tedious and confusing process, but often necessary. Once your file is ready for law suit, the necessary legal document will be prepared, a lawsuit which is titled an Original Petition. You are now referred to as the Plaintiff. This petition is filed with the Court and must be formally served on all parties sued, which are now called Defendant(s). Serving Defendants can sometimes take time, and sometimes stretches the due date for their Answer beyond four (4) months. Once a Defendant has been properly served, they normally have approximately twenty (20) to fifty (50) days to file their Answer, the document asserting their defense.

Months 2-9 : Discovery

After the Defendant has answered, the parties usually exchange information in civil suits; this process is referred to as discovery. Formal questions based on legal rules are exchanged and answered within very specific timelines. Documents are exchanged much the same way. Client involvement is critical during this time and it is crucial that we are able to discuss the process expeditiously; deadlines regarding discovery are Court imposed and if not timely met, can have very detrimental consequences to your case, including case dismissal. Often, in-person interviews under oath are next, and are called depositions. We will need quite a bit of your time and cooperation through this phase of your case.

Months 6-12 : Additional Discovery and Mediation

As your case progresses, any supplemental discovery is conducted and your attorneys may retain experts to aid in the prosecution of your claim; accident reconstructionists, economists, and life planners are just a few examples. They too may be deposed. Once the lengthy discovery process has been substantially completed, the presiding Judge usually orders the parties to mediation. This is a formal settlement negotiation and is overseen by a qualified, disinterested mediator, (usually a senior trial attorney or former Judge), who is attempting to aid the parties in compromise. This process usually takes a day and is another tool to reach an amicable settlement of your injury case.

Months 9-18 and Beyond : Trial Setting

After all information and discovery has been exchanged, your case will be set for trial before your presiding Judge. However, due to Court dockets, cases usually are not reached for trial for some time, often well over one (1) year. In fact, many cases are not called to trial on their first setting, and can even be re-set multiple times depending on a myriad of factors. If your case does not resolve, ultimately we will prosecute your case before a jury of your peers. The details regarding trial itself are voluminous; in the event that your case is reached and called to trial, our attorneys will guide you through your “day in court.”

Thus, throughout this process, it is important that we always have a correct address and phone number for you. Please make sure that you inform us if you are going to be out of town for any length of time or plan to move. Also, remember that throughout the case, there are times when you will not hear from us regarding your case for extended periods. This is normal; due to the Court imposed deadlines regarding your case, waiting periods will frequently occur.

However, please understand that we will be working on your case throughout the entire process. We again stress that the aforementioned timelines are very general; every case “takes on a life of its own.” Your individual case may not conform to this timeline. Cases may take much longer, or even be subject to appellate issues. No matter how your individual claim or case progresses, The Crim Law Firm will be in your corner, fighting for your rights.

Contact us to discuss the merits of your individual injury case.

Call us in Houston at (713) 807-7800

Or call us toll free from anywhere

in Texas or Louisiana at (800) 807-9360.

The Crim Law Firm, P.C. 4900 Travis Street Houston, Texas 77002