How to Settle a Personal Injury Case in Pre-Litigation
Most soft tissue injury cases are pretty straightforward.
Your client gets hit by another driver.
Indications are that the other driver is at fault.
Your client treats, usually with a chiropractor.
Defense insurance company accepts liability.
Your client finishes treating.
You prepare a demand letter and send that demand letter to the defendant insurance company.
The case is negotiated and settled.
There are important nuances in each of these steps that are very important to analyze. Let’s take a deeper dive into each of these steps so that you can best assess the value of the case and maximize the recovery of the case.
Handling a personal injury case pre-litigation has its challenges, but it is a great way to increase the cashflow to your business and gain more happy clients.
How to Ensure You Receive Your Referral Fee After You Send a Case to Another Law Firm
The quickest simplest way to ensure you get paid your referral fee is to get it in writing. California Rule of Professional Conduct 1.5.1 requires all referral fees to be in writing and that the referral fee must not affect the client’s recovery. The agreement must be signed by the client as well. A change from the old rule is that now the fee agreement must be disclosed to the client and executed at or near the time the attorneys enter into the agreement to divide the fee. The old rule (prior to November 1, 2018) only requires the agreement to be disclosed prior to the disbursement of the fees.