Client Process
At The Stoddard Firm, we offer professional, compassionate, and skilled guidance throughout the legal process, from the moment a client first contacts our firm to the final resolution of their case. We understand that the legal system can feel overwhelming, and that’s why we lay out a clear process so our clients know what to expect. Building a legal case is a collaborative experience between client and attorney, and we make sure a client is always at the center of decision-making about their case. While the timeline in every case is different, what follows is a general outline of the process our clients go through with The Stoddard Firm:
STEPS FOR THE LEGAL PROCESS
click on each step to take you to a detailed process
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STEP 1: INJURY
You or a loved one are injured in a vehicle accident, on a business’ property, by a defective product, or in some other catastrophic event. This includes injuries that result in your loved one’s wrongful death.
STEP 2: CONTACT
You contact our law firm anytime day or night through a phone call, chat, or email. Our office manager will respond that same day, or if it’s a weekend, on the next business day. She will gather critical information about your claim and coordinate a phone call between you and our attorneys if appropriate.
STEP 3: ASSESSMENT
Our attorneys will briefly research and assess the facts in your case to determine liability, fault, and other essential legal elements and determine if our firm is best suited to handle your claim. If we cannot, we will provide you with additional resources in the community and tell you we cannot help.
STEP 4: RETAIN
If we believe we can help, you retain our law firm by signing a written agreement via digital DocuSign or in person. We are paid on contingency in personal injury claims. That means the defendant pays our legal fees and case expenses as part of a settlement agreement or jury award. If there is no recovery, you do not owe us anything.
STEP 5: OUR PROCESS
You’ll receive a letter from us that explains our entire legal process – from our first meeting through getting compensation, and all the steps in between.
STEP 6: EVIDENCE
We’ll mail out “Evidence Preservation Letters” to all appropriate parties to ensure evidence is not destroyed. This evidence can include video surveillance, emails, traffic reports, technical files, medical records, and other critical evidence that can help prove your case.
STEP 7: INITIAL MEETING
This one-hour meeting is a client’s chance to meet their legal team at our firm. You can ask questions, we’ll explain the laws around your claim, gather witness contact information, and collaborate about legal strategy. This is also when you can provide digital photos and background information about you or your loved one’s injuries. In addition to Matt Stoddard, you will have a dedicated attorney and a dedicated paralegal who will handle your case. All three persons are available to you.
STEP 8: WITNESSES
We’ll contact witnesses to find out what they saw, heard, and knew when your injury took place. Depending on the circumstances, we may digitally record these interviews.
STEP 9: DOCUMENTATION
We’ll gather police and EMS reports, photos, medical test results, surveillance videos, lost wage verification, electronic data, Internet search results, insurance information, medical prognosis, relevant legal statutes and case law, and other documentation to establish negligence and show the damages you or your loved one suffered.
STEP 10: NOTICE
We’ll mail letters of representation, putting the defendant, insurance companies, and others on notice that we are the law firm representing you. This informs them that a legal action has commenced.
STEP 11: DRAFT COMPLAINT
We’ll put our legal skill and experience to work drafting a powerful legal complaint that will be used to file a lawsuit in court. We’ll ask you to read through certain sections, offer comments, and approve the complaint.
STEP 12: FILE COMPLAINT
We’ll file a lawsuit in court (unless the defendant has already consented to pay agreed-upon damages). This launches a series of legal filings that include questions and answers from both plaintiff and defendant. It can also include parties filing objections.
STEP 13: ATTORNEY MEETING
You’ll sit down with your attorney to answer opposing counsel’s questions and then verify that all answers are accurate.
STEP 14: SUBPOENAS
Your attorney and defendant’s attorney will send out subpoenas to interview both parties, witnesses, medical personnel, and others under oath. If you are subpoenaed, we will prepare you for the interview and accompany you to the interview.
STEP 15: NEGOTIATION
All the while, your attorney will continue negotiations back and forth with defendant’s insurance company to try to achieve an acceptable settlement. Negotiations are often ongoing as your case progresses through the legal system. Your attorney will keep you apprised of these negotiations, so you always know what is being offered and what is likely to happen next.
STEP 16: EXPERT WITNESSES
When appropriate, both plaintiff and defense will identify expert witnesses to support their claims and interview these individuals under oath. Expert witnesses can include medical doctors, accident reconstruction experts, engineers, and others.
STEP 17: MEDIATION
Both parties typically participate in non-binding mediation to see if a settlement agreement can be reached.
STEP 18: BEST OFFER
Prior to a trial, the defendant’s insurance company will typically make their best financial offer in an effort to avoid a courtroom trial. What happens next is up to you.
STEP 19: YOUR DECISION (path A or path B)
You must decide whether to accept this settlement offer or turn it down and pursue a trial in front of a judge. Each option has a different set of steps to follow. Your attorney will present each option, and provide advice, but the choice is yours to make.
STEP 20: SETTLEMENT (path A)
You accept a negotiated dollar amount as settlement and avoid going to court.
STEP 21: PAYOUT (path A)
You receive your settlement check, less attorney’s fees and case expenses. On occasion there are other expenses that we are required to pay out of settlement such as reimbursing Medicare for amounts paid.
STEP 22: TRIAL (path B)
Lawyers for both sides argue their cases in front of a judge and jury in an attempt to win. You will testify. Others will testify too. Trial offers a chance to achieve much greater financial damages than previously offered, but it is also a riskier path as you could receive less or even nothing.
STEP 23: COURT DECISION (path B)
The judge and/or jury reach a decision in your case. Damages are awarded if successful.
STEP 24: PAYOUT (path B)
Assuming there is not an appeal, you receive your settlement check, less attorney’s fees and case expenses. On occasion there are other expenses that we are required to pay out of settlement such as reimbursing Medicare for amounts paid.
