Personal injury cases do not leap from the claim being made to the courtroom. Sometimes an insurance company wants to fight just to wear down an injured party making a case. But most cases are settled fairly without going near the courthouse. Here are the steps a case generally takes when handled by our office:
Initial Consultation 
We meet with a prospective client and discuss the circumstances of her/his case. We listen. In most cases, at this time we are able to make a decision whether we can represent a person. Occasionally, there is additional information which needs to be obtained first.
Investigation
When legal fault or liability is in question, our office utilizes investigators, engineers and other experts to establish the facts that lead to the truth. In order to fully explain how the injuries have impacted a client's life, we enlist paralegals, nurses and doctors to explain the damages portion of the case so we can show the true nature of the injuries to the insurance company. This is the most time consuming portion of the process and in large part depends upon the length of time it takes the client to heal. Our office does not rush or push for quick settlements. This is no game, and our clients appreciate that their case will be fully presented.
Demand/Negotiation
Once we have assembled all the necessary information on liability and damages, we put it together and send it to the insurance company with a demand, or offer to settle. Usually a negotiation occurs over several weeks or more, concluding in a fair settlement. If a case cannot settle, we would likely go to mediation or litigation.
Mediation/Arbitration
Mediation is an informal, nonbinding process where we meet with the insurance company attorney and often a retired judge or former trial lawyer as mediator. Usually, the client and the insurance company adjuster are present as well. More often than not, the mediator is able to bring the parties together to settle. Arbitration is a more formal proceeding which is binding and is generally used in uninsured motorist cases.
Litigation
If a case cannot settle fairly through initial negotiation or mediation, we may be forced into court by the insurance company. Most cases that are filed in court go through a 'discovery' period in which each side finds out more detailed information about the other side's case. Cases may settle at any time before trial. Once in a while, cases do go to trial, usually because one side is being unreasonable or is trying to wear the other side down.
Trial
On the rare occasion a case does not settle, we are prepared to take the case before a court or jury for resolution. While a trial is an expensive last resort, it is only the fear of trial, the fear of the unknown, that brings insurance companies to make fair offers. If they do not believe that a claimant or his attorney has it in him to go all the way to trial, then there is no reason for the insurance company to settle fairly. That is why from day one, we prepare every case as if it is going to trial, because some do, and those that don't, settled because they were prepared to not settle.
McCormick Law Office
Auto Accident and Workers' Compensation Attorneys
829 N. Marshall Street
Milwaukee, WI 53202-3910
414-272-3636 (Milwaukee)
262-375-2550 (Statewide)