1. Your Initial Call
Contact our office on the phone or through our website, and you will immediately be placed in communication with an experienced paralegal who will interview you briefly. The object of the initial telephone interview will be to secure key information from you regarding the nature of your injury or loss, the date of the injurious event, the facts of the case, and facts regarding any potential defendant and/or insurance company. This gives the attorney enough information to prepare to meet with you, and sometimes do research ahead of a meeting. We will set an appointment with one or more of our attorneys at a time and place that is convenient to you.
If you require assistance or advice in advance of your appointment, such as help in dealing with insurance issues or repairs of a damaged vehicle, we are happy to give you guidance on limited issues before meeting with you.
2. Attorney Meeting
Your first appointment may be set at our offices, or we can also visit you at home or in a medical facility, if necessary. You will meet and consult with one or more of the lawyers at Miller Weber Kory, and can be assured that information you share with us is confidential. We will meet with you at no cost or obligation to you. Most such appointments last about an hour, but they may be longer or shorter, depending on such things as the complexity of the issues, the number of documents you provide for review, and any challenges you may face due to injury. As we develop more information through this meeting, your lawyer will be able to give you his or her initial impressions of your case. Our goal is always to present the strongest possible case for our clients, and your continued participation in the process is crucial to this effort.
If the decision is made that MWK is not the best fit for your case, you will be charged nothing for our time expended, and your communications with our attorneys and staff remain confidential.
3. Your Personal Case Team
From the moment you retain MWK, you will have several professionals working on your behalf. An experienced and knowledgeable legal assistant will be assigned to your case. One of our attorneys will be designated as the primary attorney working on your case, but that individual will actually never be working alone. Our office employs a collaborative approach to representation of our clients. This means that nearly every file has at least two lawyers involved in the day-to-day work on the case. We believe in the adage that “two heads are better than one,” and are convinced the service and results we provide to our clients proves this to be true.
Your personal case team will assemble all of the information necessary to document and prove your claim. This can be a lengthy process and, if you are injured and continuing to receive treatment, will not be complete until you are released from care.
4. Investigating and Developing Your Claim
Your personal case team works together to develop the theories, evidence, and expert opinions that will win your case. Among the tasks that your team will be focused on:
Securing all related medical records and medical expense billing statements
Securing, when needed, records of prior relevant medical history
Investigating the claim completely, whether through: securing copies of police accident reports; securing investigative reports from other governmental agencies; locating and interviewing witnesses; hiring experts to analyze the way in which the accident occurred or the nature of the medical care received; arranging, when necessary, for professional photography or lab analysis to preserve evidence
Identifying and retaining experts who will establish fault on the part of the defendant, and who will explain and help prove your damages
5. Settling Your Case
Many cases settle without the need to file a lawsuit, and we want to give the defendants in your case every opportunity to do the right thing and resolve your claim fairly. When the time is right and you are ready, we will prepare a settlement package which we will send to the insurance company on your behalf. Prior to this, we will have discussed with you our opinions regarding the potential settlement value of your case, and you will be kept fully informed as to the progress of any negotiations. Unlike some law firms, an attorney, not a paralegal, will conduct all of the negotiations on your behalf.
Resolution of a claim can be an emotional experience for some, and our staff will be here to support you in whatever fashion is necessary. We will give you our best professional advice regarding settlement of your claim – the same advice and judgment we would give a family member – but the final decision whether to settle the claim is yours.
6. Litigation As An Option
We always make every good faith attempt possible to settle a client’s claim. Nevertheless, occasionally a defendant or insurance company will fail to offer what we consider to be an appropriate, equitable settlement. This is why courts exist. As the case progresses, we will explain all of your options, and one of them is to file suit. You may conclude that you would prefer to file a lawsuit and pursue your remedy in the courts, rather than accept what you believe to be an unreasonable settlement offer. If so, our law firm is well-equipped to litigate your case for you.
All of the attorneys at MWK have extensive litigation experience. Unlike with some law firms, you don’t have to worry that your lawyer is learning how to try a case at your expense. We have longstanding and extensive relationships with many experts, both medical and technical. These experts can assist us in presenting your case to a jury in a fashion which assists the jury in understanding both the reason for your claim and the nature of your losses.
Even after a lawsuit has been filed, your claim may resolve before it winds up before a jury. Negotiations sometime resume after some work has been done on the lawsuit and both sides have developed additional information. Alternative approaches such as private mediation and/or arbitration may be utilized, as well. Our attorneys are thoroughly experienced in all aspects of civil litigation, and you can rely on us to prepare you for every step in the process. We share a common goal: to secure fair compensation for your losses.
7. Final Resolution Of Your Claim
Whether the case ends with an award from a jury, or an early settlement with an insurance carrier, there are things to be done once the settlement papers are signed. We will advise and assist you in all matters, large and small, which need to be addressed when a case is resolved. For example, we will see that any outstanding medical bills or health insurance claims are retired. If the claim involves a minor, we will provide for the establishment of a legal conservatorship, as the law requires. If you desire, we can direct you to trusted colleagues who will advise you as to investment of your recovery, or help you to do estate planning.