At Cava Law Firm, we fight hard to represent our clients because we know that Winning is NO Accident! We go to great lengths to educate our clients about the legal process and prepare them for the resolution of their claim. We know the legal system can be confusing, and even overwhelming, so we’ve put together an outline of the process so our clients understand what happens next. The timeline can sometimes vary from case to case, but this is a general outline:
click on each step to take you to a detailed process
You or a loved one is injured in a work accident, slip and fall, car crash, or other serious event. This includes injuries that result in wrongful death.
You contact our law firm 24/7 via phone call or other method like email, text, or answering service. Our staff will promptly get back to you, gather more information, and schedule an in-person meeting that day or the next day.
Within a day, you’ll meet at our office with an attorney so we can learn more about your injury accident, your medical condition, and the circumstances around your case. At this time, we’ll also assess and let you know whether our law firm can handle your claim.
After we mutually agree to have our firm serve as your legal counsel, we’ll ask you to sign some documents while you’re at our office. These can include medical releases, a contingency agreement, and other paperwork. We’ll ask you for a list of current and past medical providers and prior treatment history (if needed). We’ll fill out forms so your insurance company pays your medical bills and so your employer can verify employment and earnings. This information is essential to launching your legal claim. By doing this up front, we can hit the ground running as your attorneys. We also ask that you not post anything about your accident or injury on social media.
In personal injury cases, our law firm is paid on contingency basis. We get paid only if you get paid on the case, either by settlement or trial. That means the defendant’s insurance company pays our legal fees and case expenses as part of a successful settlement agreement or jury award.
Next, we will mail representation letters to the appropriate insurance companies putting them on notice that you have retained us as your legal counsel. This typically includes sending letters to your own insurance company as well as defendant’s insurance company. This also informs them that all communication with you should come through our law firm (except for property damage issues).
Our firm will assist you with your property damage claim by allowing the insurance company to interact with you directly. That way, you can pick the repair shop (if your car can be fixed after an auto accident, for example), deal with appraisers, and get your car repaired or replaced quickly.
We will make sure you’re getting the appropriate medical care for your injury, including physical therapy appointments. We can help you find a physical therapy provider or chiropractor based on your health insurance and Personal Injury Protection (PIP) policy. We will monitor you throughout your treatment to make sure you’re getting the care you need, including additional MRIs or X-rays, if appropriate.
We will mail out evidence preservation letters to appropriate parties to ensure that evidence is not destroyed. We will start gathering evidence like emergency room records, police report, employment verification, surveillance video, photos, witness statements, and other critical evidence that can help prove your case.
After your medical treatment is completed (usually in six months or less) and you are discharged from care, we will calculate the dollar amount we think your claim is worth in economic and non-economic damages. Punitive damages are also possible in rare cases. We will notify the defendant’s insurance company and tell them the dollar amount we’re asking for.
At this point, negotiations begin the with insurance company. Their options include agreeing to the dollar amount we request, offering a different amount, or denying the claim altogether. Typically, the negotiations go back and forth until a mutually agreed-upon figure is determined. If no sum can be agreed upon and the negotiations remain far apart, then we will have a conversation with you about what you want to do next.
You can decide to accept the insurance company’s offer, or you can file a lawsuit in court to keep moving forward. The decision is ultimately yours, though our attorneys will offer guidance about whether we believe it is a fair offer and what to expect next. Most accident cases we handle will settle at this point, but medical malpractice cases often go on to litigation.
We will file a lawsuit in court to begin the litigation process. A summons will be delivered to opposing counsel by the county sheriff’s department. This launches a whole new phase of the legal process, and events are placed on a tracking order based on the courts schedule. It involves a series of legal filings that include questions and answers from both plaintiff and defendant, objections, and additional filings.
Your attorney and defendant’s attorney will initiate discovery to gather information and issue subpoenas to interview you and the defendant, witnesses, medical personnel, and others under oath. Your attorney will prepare you and accompany you to the deposition (interview). The focus will be on liability, damages, and witness testimony.
Both parties are sometimes asked to participate in non-binding mediation to see if a settlement can be reached. Mediation is required in federal court, but it is not required in state court in Massachusetts.
Prior to a trial, the defendant’s insurance company will make their best financial offer to avoid a courtroom trial. Most accident cases has settled by this point, but not all.
You must decide whether to accept the best settlement offer or turn it down and go to trial in front of a jury. The decision is often determined by your risk tolerance.
Opposing counsel offers a settlement agreement in writing, you accept the negotiated dollar amount, and you avoid going to court.
Opposing counsel offers a settlement agreement in writing, you accept the negotiated dollar amount, and you avoid going to court.
Lawyers for both sides argue their cases in a courtroom. You might have to testify. There is risk involved – you could be awarded a larger dollar amount or nothing at all.
The judge and/or jury will reach a decision in your case. Financial damages are awarded if successful.
You will receive a check for the financial damages awarded by the court, less attorney’s fees, unpaid doctor and hospital bills, Medicare/Medicaid reimbursement, and case expenses.