Many people are unaware of what is involved in handling a personal injury case. Although your claim is against another person, in reality, your claim is against that person’s liability insurance carrier. This insurance company is not in business to help you out - it is in business to settle claims for as little money as possible. The Trial Group of Leisawitz Heller is in business to help you obtain the best settlement or verdict possible. We do that by presenting the most compelling case available based on the facts of your case.
1. There is no fee unless we make a recovery for you. We enter into a contingency fee agreement with you through which we are compensated from a percentage of the recovery that we make for you.
2. At your initial meeting with us, we evaluate the merits of your case. If this is an auto accident case, we will need to review your auto insurance policy, the police report and the auto insurance policy of the other driver. After you have recovered from your injuries and have stopped treatment, we will obtain your medical records and billings along with the necessary reports from your treating physicians and other experts.
3. If you are having problems with your own auto insurance carrier, we will assist you in making sure that you receive the benefits that you paid for in your own policy. This will normally include medical benefits and work loss benefits.
4. We will initiate contact with the insurance carrier of the other driver and will submit a demand package to the other driver’s insurance carrier. This process includes assembling all important information about the accident, your medical records, bills and reports, together with other documentation that shows the impact of this accident on your life. Prior to sending the demand package to the insurance carrier, we will meet with you and review your case and arrive at a demand figure to submit to the insurance company. This is an extremely important portion of your case as we negotiate with the other driver’s insurance carrier to see if we can reach an agreement without having to go to court.
5. If we cannot reach an agreement with the other driver’s insurance carrier, we will proceed to file suit. This process includes the filing of a complaint against the other driver, although in reality we are normally dealing only with the other driver’s insurance company. After the suit has been filed and pleadings are closed, we go through discovery where we and the other insurance carrier get to question, under oath, the parties and witnesses. Documents are also exchanged. At the end of discovery, we will have settlement conferences and, with the judge’s assistance, may settle the case at that time.
6. If the case does not settle, then and only then, will the case move to the trial stage. If a trial is necessary, the Trial Group of Leisawitz Heller will utilize the power of its entire litigation team to do what it takes to make sure that your story is presented in a truthful and compelling matter.
7. Under Pennsylvania law, a jury cannot be told that the defendant is being represented through his auto insurance carrier. A jury will simply see a defendant sitting at counsel table with an attorney, never knowing that the attorney is paid for by the defendant’s insurance carrier. Juries also cannot be told that any verdict will probably be paid by the insurance company and not the defendant. This creates a special challenge to plaintiffs as juries are often reluctant to return a substantial verdict thinking the verdict will be the financial responsibility of the defendant. We are also not permitted to tell the jury our estimated value of the case. Jurors have told us after trials that they feel lost not having guidance from the attorneys as to the value of the case. Understanding these concerns and knowing how to deal with them is key to any trial.
These are a few of the many reasons why you need The Trial Group of Leisawitz Heller, the most experienced and dedicated trial group on the Berks County area.