Faq | Parks Law Firm

FAQ

What is the Purpose of the Initial Client Interview?

At Parks Law Firm we know the most effective ways to handle any personal injury case arising out of an automobile accident. We treat the initial consultation as a fact-gathering process where we find out all of the important details in your case to aid us in the investigation and claims process.

What is a Pre-suit Demand Letter?

In automobile accident cases, it is common practice to send a communication, often called a demand letter, to the at fault insurance company who represents the defendant. A typical demand letter or offer to settle outlines the liability and damages in the case and sets out the reasons why the insurance carrier would want to resolve the claim without further litigation. Typical exhibits, which will allow an insurer to assess its exposure and that of its insured, include the accident report, repair estimates, medical records, medical bills, lien notices, photographs of the damaged vehicles and the client’s injuries, witness statements, letters or payroll records from employers regarding lost wages, PIP/no-fault payout logs, and physician opinion letters. Many automobile accident cases, particularly smaller ones, are settled through the initiation of settlement discussions following a thoroughly prepared demand letter. If the value of the claim or claims that are the subject of the offer to settle exceed the value of the available policy limits, the opportunity to resolve the claims is important to the insurance companies and will generally be taken very seriously.

At the Parks Law Firm, our demand letters include all of the specific terms that the insurer must comply with to reach a settlement in the case. The terms of each offer depend on the facts and circumstances of each claim; however, some typical terms include a deadline for acceptance. The inclusion of a deadline for acceptance in the demand letter makes it possible to determine within a definite time frame whether the offer will be accepted or if it will become necessary to file a lawsuit. The time period allowed for acceptance should be long enough to give the liability carrier a reasonable opportunity to evaluate the demand and meet its terms. If the carrier has already had ample time to investigate the accident before the demand letter is sent, a shorter period may be reasonable.

What is a Release? Should I Sign it?

The settlement of a claim involves more than just the exchange of money. A release document usually will identify the amount of consideration being paid for the release, all parties who are being released, and the claim or claims that are being released (for example, bodily injury or property damage claims). If an insurer provides a release document for execution, we carefully review each term to ensure that it accurately reflects the agreement reached in your case. Although often referred to generically as a “release,” the document will sometimes include terms that accomplish more than simply releasing one party from liability to the other. Other terms frequently included in a release document, which may or may not be needed or desirable depending on the facts of the case, are: a clause expressly preserving the claimant’s ability to make other claims for first-party medical benefits or uninsured motorist coverages to prevent a waiver of those benefits, a term expressly identifying any claims that are not being released, such as a separate products liability action; a hold harmless clause, in which the releasor promises to hold harmless the releasee from any claims asserted against the releasee arising out of the claim that is the subject of the release; an indemnity clause, with or without provisions for defense, which may require the releasor to pay for and provide a defense to the releasee if any later claims are brought against the releasee.

How Does Pre-Lawsuit Mediation Work?

Mediation is a popular form of dispute resolution in Texas. Its use has grown with endorsement by the legislature and the Texas Supreme Court. It can be used as a pre-litigation settlement tool; however, once a lawsuit is filed, mediation is usually mandatory. When mediation is court- ordered, any communications made in the context of the mediation are privileged from disclosure and are inadmissible as evidence. Because of the informal nature of the mediation process, it is a good practice to provide all pertinent information to the mediator in advance of the mediation, either through copies of documents or in a summary specifically drafted for the occasion that outlines all relevant issues. Before mediation, it is likely that the adjuster’s only contact with the case is through the receipt of medical records, deposition summaries, and opinion letters from the defense attorney.

A mediation conference is more effective when all of the involved players are present. If there are multiple layers of insurance coverage, a representative of all carriers should be present or available by telephone. In cases with large workers’ compensation liens, attendance by the lien holder can facilitate a more advantageous overall settlement agreement by permitting negotiation of the lien as part of the mediation process. Many cases are settled by the attorney and adjuster at a pre-lawsuit mediation. If the case involves personal injury in an amount less than $10,000 or property damage in any amount, mediation may be demanded by either party under Texas law. If the case involves multiple claimants and the available liability insurance limits for the incident are insufficient to cover all of the demands made on the limited sum, many insurance carriers may attempt to hold a “global mediation” in which all claims are resolved at once. Pre-lawsuit global mediation can be a useful tool if every claimant or claimant representative is in attendance and the attorney knows the full extent of each claimant’s damages, along with the amounts and types of other insurance available to all claimants.

We serve clients throughout Texas