This is the second post in our series on the handling of Austin, Texas personal injury cases. Our last article provided an overview of topics we will be discussing and stressed the need to contact an attorney as soon as possible if you or a loved one have been harmed as the result of another’s negligence. In this post, we will discuss another important issue – what to expect during the “medical treatment stage” of your case. It is crucial that you remain in contact with your attorney’s office while you are being treated for your injuries.
Before a payment demand may be sent to the insurance carrier, the damages suffered by an accident victim have to be able to be reasonably calculated. If the case involves minor injuries, then the treatment phase may not take very long. If the case involves serious injuries such as spinal damage, paralysis, or head trauma, then treatment will take longer: multiple surgeries may be required and it may be a significant amount of time before the doctors can reach a long-term prognosis. Once a long-term outlook is known, and the cost of future care can be reasonably calculated, then your attorney can begin negotiating with the insurance company. It is crucial that you stay in contact with your lawyer throughout this process so he or she is aware of your status.
Your lawyer will make a demand for payment to the insurance company once your damages can be calculated with a fair level of certainty. This will be in the form of a written breakdown of the amount you are requesting for economic harm (such as lost wages and future lost earnings), medical harm (such as bills incurred, the cost of future care) as well as for pain and suffering and other similar elements of damages. This written breakdown will include supporting documentation such as pay records, medical reports, etc. After the demand is sent to the insurance company, your attorney will contact the insurer and begin negotiations in an attempt to settle the matter. Whether or not the insurance company makes an offer to settle will depend on the extent to which they are disputing responsibility for the accident and the extent to which they are willing to dispute the damages calculation.
Our Austin injury attorneys stay in regular contact with clients throughout the treatment phase of their case. We will follow up with you on a regular basis to determine your status and how we may be of assistance. Our counsel promptly returns phone calls and will make themselves available to answer your questions. Call today to speak with a lawyer. We also service Travis County cities which include Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, the Williamson County cities of Georgetown, Cedar Park, and Leander, as well as other areas of Texas.