Generally, yes, but we will not try to settle you claim until you have reached what is known as Maximum Medical Improvement, or what is commonly known in the industry as MMI. MMI is the stage in your treatment where the doctors are confident they have a good handle on the nature and extent of your injuries. More than likely you have completed most of the recommended treatment for your injuries.
When you reach MMI, we will put together what is called a Demand Package and mail it to the insurance company. A demand is the term used to describe the beginning of settlement negotiations in your case. The package generally contains a letter outlining the case and includes all the records we deem pertinent to the case, such as the medical records, bills, photographs, etc.
We wait for you reach MMI before sending the demand. If a demand package is sent and the case settled before you reach MMI, the settlement may not include some important treatment that you may eventually need, such as surgery. For example, if you case settles and then after the settlement your doctor recommends surgery (which you end of having), the settlement cannot be reopened to include the surgery.
Upon receiving the demand package, the insurance company will usually be given a period of 20 to 30 days to review it and to respond with an offer to settle. The insurance company will respond to the demand with an offer and then negotiations begin to try to settle the case.
Our goal is to try to settle your case for a fair and reasonable amount without the need for the filing of a lawsuit. A lawsuit can take a long time, be very stressful and is a very invasive process. If it goes to a jury, the case is put in the hands of six people who really do not what to be there. However, if the insurance company fails to make what we and you agree is a fair and reasonable settlement offer, then a lawsuit can be filed.
