When you’ve been involved in a car accident or suffered another type of personal injury, the road to recovery can be daunting—not just physically and emotionally, but also legally. At Goings Law Firm, LLC, we pride ourselves on guiding our clients through the difficulties of the legal process to ensure they receive the compensation they deserve. However, understanding the differences between how a plaintiff’s law firm operates compared to a defense firm can give you a clearer picture of how we advocate for our clients. What happens in a personal injury claim? How does the personal injury claims process work?
From Defense to Plaintiff: A Different Perspective on Litigation
Many attorneys at Goings Law Firm, LLC, including Robert Goings and Jess Gooding, began their careers on the defense side of the legal arena. This experience provides a unique advantage when handling personal injury cases. Defense attorneys often work closely with insurance adjusters, who are not the actual clients but hold significant power over the financial aspects of a claim. Understanding the internal workings of insurance companies and how adjusters evaluate claims gives our team a strategic edge when representing plaintiffs.
In the legal field, lawyers are required to regularly provide updates on the progress of a case to insurance adjusters. These reports are critical as they help adjusters determine the potential financial exposure of a claim. They assess if settling early is cheaper than risking a higher payout if the case proceeds to trial. This experience allows our team to anticipate the arguments and strategies the defense might use, enabling us to build stronger cases for our clients.
The Anatomy of a Demand Letter: Building a Strong Foundation for Your Claim
A key part of any personal injury case is the demand letter. This document is the first formal communication to the other party’s insurance company about the value of the claim. It includes a detailed account of the accident, the injuries sustained, medical expenses, lost wages, and other damages, such as pain and suffering.
At Goings Law Firm, LLC, we understand that the demand letter is more than just a formality—it’s an important step in securing the compensation our clients need and deserve. A comprehensive demand package typically includes:
- Narrative Letter: A detailed explanation of the incident, the injuries sustained, and the impact on the client’s life.
- Medical Records and Bills: Documentation of all medical treatment related to the injury, summarized for clarity.
- Collision Report: The official accident report provides an unbiased account of the incident.
- Photographs: Visual evidence of the accident scene, injuries, and property damage.
- Lost Wages Documentation: Proof of income lost due to the injury, including any future earnings that may be affected.
- Non-Economic Damages: Evidence of pain and suffering, loss of enjoyment of life, and other intangible losses.
The goal is to provide the insurance adjuster with a complete picture of the case from the outset. By doing so, we ensure that the adjuster considers all aspects of the damages. This helps increase the likelihood of a fair settlement offer.
Timing is Everything: When to Send a Demand Letter
One of the most common questions we receive from clients is when to send the demand letter in the personal injury claims process. Should it be done early in the process, or wait until all medical treatment is completed? The answer depends on the specific circumstances of the case.
In some instances, it’s beneficial to wait until the client has reached Maximum Medical Improvement (MMI). This is the point where the treating physician determines that the patient has recovered as fully as possible. At MMI, we have a clear understanding of the total medical costs and can accurately assess the long-term impact of the injuries.
However, there are situations where waiting isn’t practical. For example, suppose the client requires ongoing treatment that may last for years. In that case, we may choose to send a demand letter earlier and supplement it as additional medical bills and damages arise. The key is to have enough information to make a strong initial claim while remaining flexible to adjust as needed.
The Importance of Trial Experience: Why We’re Willing to Go the Distance
One of the factors that sets Goings Law Firm, LLC apart is our willingness to take cases to trial. Many law firms prefer to settle out of court to avoid the time and expense of a trial in the personal injury claims process. However, we believe that being ready and willing to go to trial strengthens our position when negotiating a settlement.
When insurance companies know our firm is unafraid to litigate, they often offer fair settlements early. Our trial experience helps us build strong cases aimed at jury presentation, leading to higher settlement offers.
Trial experience is not just about courtroom skills; it’s about understanding how cases unfold and how to present them most effectively to a jury. Every trial offers us new lessons, which shape our strategy for upcoming cases, even before filing a lawsuit.
Relationships Matter: The Role of Defense Counsel and Adjusters
Although local adjusters are fewer, especially after the pandemic, relationships remain crucial in the litigation process. At Goings Law Firm, LLC, we frequently work with the same defense counsel across multiple cases, particularly those representing major insurance companies like Allstate, Progressive, Geico, and State Farm. These relationships enable us to have frank, productive discussions about the merits of a case. This often leads to quicker and more favorable resolutions for our clients.
Our reputation as thorough, detail-oriented attorneys, along with personally knowing the defense counsel, ensures that others take our cases seriously. This respect and recognition from the defense side often translates into better outcomes for our clients.
Choosing the Right Attorney: What You Need to Know
Choosing the right attorney for legal representation after an injury is one of your most important decisions. The system favors insurance companies, which aim to minimize payouts to maximize profits. Without an experienced advocate on your side, you’re at a significant disadvantage.
When selecting an attorney, it’s essential to consider their experience, reputation, and commitment to your case. Don’t just go with the first name you see on a billboard. Instead, do your research—talk to people who have gone through similar situations, read reviews, and look for a firm that treats its clients with the care and respect they deserve.
At Goings Law Firm, LLC, we treat our clients like family. We do not seek quick settlements. We’re committed to ensuring that you receive the full compensation you’re entitled to. From the initial demand letter to the potential trial, we’re with you every step of the way, advocating for your rights and your recovery.
Contact Goings Law Firm, LLC today
Exploring the personal injury claims process can be overwhelming, but you don’t have to do it alone. With our legal team on your side, you can focus on healing while we handle the legal problems. At Goings Law Firm, LLC, our experience on both sides of the courtroom gives us a unique perspective that we use to our clients’ advantage, ensuring they receive the justice they deserve.
If you or a loved one has been injured, don’t wait—hire a Columbia, SC, personal injury lawyer at our law firm. Contact us at (803) 350-9230 or through our online form today for a free consultation.
