Written by Keith V. Trantolo
BECOMING A TRANTOLO & TRANTOLO CLIENT
The first thing to know is that Trantolo & Trantolo goes the extra mile, so you can concentrate on getting your life back. The team assigned to your case will take care of you, the person, not just you, the client. We will follow up on your medical treatment, advise how best to deal with your medical bills, deal with creditors and, when it’s time to settle your case, obtain and submit the necessary documentation to the insurance company to properly support your claim. Your attorney will communicate directly with the insurance company, so you never have to. All information provided to your attorney will remain confidential, unless you agree that we may release it. Our entire staff is bound by the same standards. The defendant(s), their insurance companies and the defense lawyers are entitled to some information by law. That information must be provided.
We will keep you informed every step of the way but first, you have to become a Trantolo and Trantolo client.
STEP ONE: YOUR INITIAL CONSULTATION
At this complimentary first interview, we will gather information about your case, using a specially developed questionnaire to make sure we get all the facts. If you decide to become a client, you’ll sign a “Retainer and Fee Agreement” which will allow us to represent you. All of these forms will be explained to you in detail at the initial consultation.
Next, you will be introduced to the team assigned to your case and be given contact information. The paralegal assigned to your team will work closely with your attorney to prepare your case and should be able to answer any questions you may have. But, if you wish personal contact with your attorney, please let us know that when you call or make an appointment.
STEP TWO: CASE PREPARATION
This is very important: Once you have hired us to represent you, do not discuss your injuries with anyone except your doctors and your legal team – not the insurance company, your employer or anyone else.
We will send letters to all parties involved in your case, including insurance companies, indicating that you have retained us as your lawyers. Letters will also go out to all physicians, hospitals and anyone else necessary who can provide us with information to complete your file. This could include the IRS, your employer, schools and so on.
While you are healing, we will continue working on your behalf, updating your medical records as you continue treatment, verifying your lost wages and investigating liability. The insurance company will be advised of your medical progress and the amount of your medical bills so that settlement funds can be reserved.
STEP THREE: CREATING YOUR SETTLEMENT PACKAGE
A case cannot be settled until you have reached a full recovery — or have reached the point where further recovery is impossible. Typically, the process will take up to a year. Why so long? We must be able to evaluate your final condition before the actual value of your case can be determined.
Advise your paralegal immediately once you’ve finished your medical treatment so that we can proceed with the case. The collection of records and the preparation of your “settlement package” is very time consuming and can take as long as two or three months. This is important because the settlement offered by the insurance company is based on the documentation we can provide.
NEGOTIATING A SETTLEMENT OFFER
After you have healed from you injuries and we know the extent of the damage you’ve suffered, we will inform the insurance company of the compensation we seek in a settlement package.
Submitting the Settlement Package
After we submit your settlement package, it takes the insurance company several weeks to review it. The insurance company will typically make a counter offer. We will review the counter offer first. If your attorney feels it is reasonable, we will contact you to discuss the offer. Rest assured that we will hold a very thorough discussion of the offer and all of your concerns will be addressed before we settle your claim. We will never settle unless you are satisfied!
If the insurance company does not make a reasonable offer, we will discuss whether or not to file a lawsuit.
Accepting a Settlement
To accept a settlement, you sign a Release of Claim form and the insurance company sends us a check made payable to you and our firm, usually within 30 days. You must sign the check and the funds will be deposited in the firm’s Clients’ Fund Account. This is a standard process.
While waiting for the check, we will contact all parties (doctors, therapists, etc.) who have been waiting for payment to negotiate a reduction of fees where possible and obtain the final balances. Again, this can take time. When the figures are in, settlement closing is scheduled. At the closing, you will receive your check and a financial statement showing how the rest of the funds have been disbursed.
BRINGING SUIT IN YOUR PERSONAL INJURY CASE
We prepare each lawsuit expecting to go to trial, even though a settlement could (and often does) take place at any time after the lawsuit is filed. If we cannot reach an acceptable settlement, you must decide if you wish to file the lawsuit we’ve prepared. Once we file, we will guide you through the entire process, which will consist of the following items. We’ve defined each term for you here.
Discovery
Both sides have a right to obtain information needed to prepare their cases by use of a procedure called discovery. Depositions and interrogatories are the most common forms of discovery.
Depositions
A deposition is testimony given under oath in the presence of lawyers from both sides and is taken down by a court reporter. Before you give a deposition, you will be thoroughly prepared by your attorney and team.
Written Interrogatories
This is simply a list of questions lawyers may submit to anyone involved in the case. If we need a written interrogatory, we will ask that you provide the answers by a certain date. We will then review your answers, put them in the proper form and return the statement for your signature. Then your answers will be sent to the defense lawyers as part of Discovery.
Trial
Most cases are settled before they get to the courtroom. If your case does go to trial, you will be thoroughly briefed on what to expect.
Please contact us today to speak with an experienced attorney.
