Clients can develop a great deal of discomfort when their case enters litigation. Their case is important to them and they want to know if their case is still "going good".

A competent attorney should answer client concerns early. Unnecessary stress should be detected early and the process explained to the client. Much of the litigation process is simply procedural and does not impact the outcome of the case, but of course a client, inexperienced in litigation, does not know the impact of each event. This summary will discuss the procedural events in typical auto accident cases and provide some answers to typical questions asked by clients.

First, it is worth noting that entering litigation is not the end of negotiation or preclude settlement. Most cases settle, even if it is late in the litigation process. Cases enter litigation for many reasons, the impending statute of limitations, incomplete treatment, or insufficient offers. Sometimes litigation is necessary, particularly when the injuries are difficult for the defense to evaluate or there is a genuine dispute as to liability in the auto accident. For a good summary of the issues that are important in a case, refer to our article: Main Points of Contention in Auto Accident Cases. The important thing for clients to remember is that during the litigation process, your attorney should be your confidant and should be trusted. If you do not trust your attorney you should immediately set up an appointment to gain that trust or contact another attorney to take over your case. Call us at 1 888-752-7474 or Contact Us Online to discuss your legal options.

If your case is going into litigation, chances are that your case is a good one. Litigation is expensive and if the attorney has elected to enter litigation, there must be some basis for feeling that costs and expenses will be recovered.

While our office cannot guarantee success, we certainly can tell clients that we have had a great deal of success when it comes to evaluating cases and litigating outcomes. Cases we litigate usually pass one of our two tests, the "stink" test and the "likable plaintiff" test. Did the defendant's actions or conduct "stink?" Does the Plaintiff make a sympathetic claimant for damages and injuries? "Stinky" conduct and a "likable plaintiff" both have good jury appeal.

Why is jury appeal important? If a jury will award for a client, a defendant's insurance carrier will settle. Of course how much damage to award will be hotly contested, but as the case develops, our side will hopefully become more solidified in our proof.

The ultimate goal in litigation is to convince the Defense through the litigation process, and before trial, that we will prevail. We must demonstrate that we have right on our side, and that we will aggressively pursue those rights.

At the right time, and after the defense has absorbed and learned about the strength of our client's case, we will get the highest offer from the defendant, and decide together if the net amount to the client after payment of all bills and costs is enough. The process as outlined below is designed methodically to provide that support.

The defense will want proof of the exact amount of medical bills, and will use subpoenas directed to the doctors and their offices. Verification of how much has been paid will be obtained as well. Can the Plaintiff prove the wage loss claimed? Subpoenas will be sent to the employer if there is a wage claim. Are the accident witnesses going to testify under oath to the version that supports the client? Are the doctors willing to testify that the injury occurred because of the accident or was it made worse by the accident? Once all the information is collected, the insurance company will then make the offers that will either settle the case or continue negotiations.

We also have to learn about the defendant's case, if any. Are there undisclosed witnesses, and what do the witnesses say? See Witness Bias. Are the defendants contesting the actual medical charges, and what is their proof that the charges are unreasonable? Does their doctor disagree with the cause of the injury (they always do since experts can be hired to say anything), and if their doctor does dispute the injury case, what is the basis? Can the expert be attacked as unreasonable? Is their doctor assuming certain facts unfairly? Does the defendant make a good or poor witness? As the case unfolds, we learn everything about the other side's contentions and then prepare an answer to their points.

Much of this does not involve the client. As odd as that statement sounds, it is true. Unless the client works in the medical field, he or she has no ability to judge the reasonableness of medical bills, or the competency of doctor testimony. Adverse witnesses need to be handled by the lawyer, who is an expert. See Interviewing an Auto Accident Witness for a simple start of handling witnesses during statements, much of which is applicable to depositions. Evaluating the Defendant as a witness is the job of the attorney. So how can the client help?

There are three places during litigation before trial where your help will be needed, responses to interrogatories (questions under penalty of perjury), your deposition, and when an offer has been made. Worrying about the other parts of the case is not productive and can in fact be harmful. Let's discuss this a bit.

Interrogatories are questions that are directed to you about your case. They should be answered with the help of your attorney. You should be told how much detail is necessary. The attorney should assist in the wording of answers, but "thorough and brief" is the proper theme. Your attorney should know most of the information already, but fill out the questions diligently to be assured it is told to the defense.

A deposition is your chance to show you are a likable plaintiff. People like people similar to them and who are honest and straightforward, respectable. Therefore it is important that you be yourself. Give honest answers to questions. There will be areas where your answers will be important, and should be reviewed with the attorney. Also many clients become overly concerned about their memory. You are not expected to have a perfect memory, but do review the important "big picture" items with your attorney. This review is conducted at your deposition preparation meeting. You should discuss your concerns, if any, at that meeting. The important thing is to relax as much as possible and let the other side see you are going to be liked by the jury. This is a sure fire way of setting your case up for success.

When an offer is presented you will need to be at your best. This is the time when communication with your attorney is most crucial. Do you want to move forward with the case, take additional risk, and how much will you personally receive in settlement? If your attorney is unwilling to explain recommendations logically and present the pros and cons of your case at this time, consult another attorney immediately. You can Contact Us or any other attorney you choose, as you cannot possibly make an important decision about your case if you are not provided all the accurate and relevant information impacting that decision.

Try to remember that settlement is a financial decision for the insurance company, so do not get offended if the offer is inadequate in your eyes, consult with your attorney to make the decision on the next best step. The more you act on the basis of a business decision and not an emotional one, the more likely your decision will be acceptable to you later.

A client's worry prior to evaluation in litigation by the insurance company will accomplish nothing toward the goal settlement. Worrying about the outcome prior to trial is also not helpful. While a certain worry is good at trial, to keep you keen and sharp, prior to trial, your worry may actually be a hindrance.

In fact it has been our experience that clients who worry about their case outcome often lose perspective. Some become angry at the system or the defendant or worse their attorney, and that anger spoils their demeanor. Jurors do not like angry Plaintiffs, and if an insurance company senses that they are making you angry, it will use that to an advantage. Some clients become impatient and do not give the defense time to learn about the case. They may make a demand that their attorney act more promptly even though that will only show weakness to the other side.

Occasionally clients get so unnecessarily concerned about issues in the case that do not impact the case outcome that they try to manipulate evidence. An example is the person with a past back injury who is re-injured in a recent auto accident. The client may feel that if he or she acknowledges this past injury, even if 5 years ago, that it may affect the outcome. So the client denies this fact to their own attorney and the other side and of course later it is uncovered. The client has harmed their case and credibility. Jurors do not like clients who are dishonest or tricky. In truth, a past history isoften irrelevant if it was not causing a client trouble at the time of the new injury.

Therefore we always encourage clients to simply trust us. Our clients can be honest and forthright about their claim and candor, aggressive fact-driven proof, is what will enhance the value of a case. If an attorney feels that a fact or evidence is of concern, he or she will hopefully raise it with the client and we will together decide a course of action.

Clients that are curious or want to control every decision in an auto accident case during litigation are taxing and often damaging to a case. Just as a mechanic can get far more accomplished by working without the customer asking a lot of questions out of curiosity, an attorney can accomplish much more without involving the client in every step. If a competent attorney is too taxed, at the expense of other clients, he will have to decline a client's case. These types of clients may redirect precious resources to satisfy their personal needs, not recognizing that the time can be better spent accomplishing tasks for their case.

In extreme cases, these clients go through a string of attorneys and are sending a clear message to the other side that either the client is difficult, and therefore will not do well at trial, or that the case is not a good one. One change of attorney is not unusual, but two or three, especially if one or more of the attornys are known in the community for competence, is a red flag that will sabotage even a good case.

"Is my attorney diligently working on your case?"  is a question frequently asked by potential clients. This is a tough question to advise upon. How can a person that is not trained in the law know that the lawyer is properly handling the case?

First, there must be a level of comfort and trust, formed early in the case. If that level of trust is not present, frequently I recommend that the client follow their instinct. Is the attorney timely sending material to you, or do you have to rush around because they are ill prepared? Is the attorney available to explain the process of a deposition and interrogatories before they are due?

Second, the client has a right, free of charge, to a copy of their file. Have another attorney review the file if you feel that the attorney is not doing what is necessary. You need not even disclose you are having this done. We offer this service free. Call us at 1 888-752-7474 or Contact Us Online. See our Mission Statement as to why we offer this service for free.

Most importantly, do not delay. As the case nears trial, changing attorneys becomes more difficult. Therefore if you are uncertain about the attorney actions or cannot get comfortable with the attorney handling your case at the commencement of litigation, then you should immediately seek a second opinion.

The following summary is the general order of steps in litigation of a California personal injury auto accident case:

California has enacted rules that are designed to complete trial within one year for 98% of all cases that are filed and have not settled. Settlement can happen at any time during this process depending upon the issues of the case. We hope this summary is of some help.