If you've hired us at Dwyer Williams Cherkoss and we’re unable to settle your case, the next step might be filing a lawsuit. This doesn't mean anything has gone wrong. It simply means the insurance company isn’t making reasonable offers, or the legal deadline to file suit is approaching. Here’s a breakdown of what happens next and why filing a lawsuit doesn’t mean your case is out of control. It simply means it’s time for our litigation team to step in.

Why a Lawsuit Might Be Necessary

There are two common reasons we file a lawsuit:

• The insurance company is being unreasonable with their offers. Unfortunately, that happens all the time.
  
  
• The statute of limitations is approaching, and we need to preserve your right to continue the claim.

In many cases, you might still be treating or recovering from injuries, so we don’t yet have a full picture of your long-term medical condition. That makes it hard to evaluate the total value of your case. But the law doesn’t wait. If we don’t file on time, you could lose your right to any compensation. That’s why we act when we do.

What Happens Once a Lawsuit Is Filed

Once we decide that we need to file a lawsuit, your case moves to the litigation side of our firm. I oversee that team, and either myself or one of our highly experienced litigation attorneys will handle the case moving forward. We utilize a team approach and work closely together to make sure your case gets the care and attention it deserves.

The first step is filing the lawsuit to preserve your legal rights. That allows us to keep negotiating while ensuring we meet all deadlines. Missing the filing deadline means your claim is lost permanently. There’s no second chance to ask for compensation. That’s why it’s so important we get the paperwork filed on time.

What to Expect During the Litigation Process

Filing a lawsuit starts a series of legal steps, each with its own timeline and requirements. Here’s what typically happens:

1. Service of the Lawsuit

We serve the responsible party and their insurance company. This formally notifies them that legal proceedings are underway, and gives them notice that they are required to respond and participate in the litigation.

2. Discovery Phase

Both sides exchange information. We request a lot of stuff, including:

• Property damage reports
• Photos
• Witness statements
• Insurance information
• Medical records and documentation
• Anything else relevant to your case

They’ll also ask us for documents on your behalf. This part helps both sides understand the facts.

3. Depositions

After the paperwork, we move into depositions. This is where attorneys ask the opposing parties and witnesses questions under oath. I or another attorney from our team will question the other side. They’ll also get to ask you questions about your:

• Medical history
• Facts of the incident at issue
• Current condition
• How the injury has affected your life

We will prepare you for your deposition ahead of time. Most depositions last a few hours.

4. Evaluation and Negotiation

Once depositions are done, the insurance company reviews everything, and we begin negotiations. These discussions can happen through:

• Phone or email
• Letters
• Or most often, mediation

Mediation: A Proven Path to Settlement

Mediation involves a neutral third party, often a retired judge, who helps both sides reach an agreement. You and the insurance company are in separate rooms. The mediator goes back and forth, discussing each side’s position.

Everything said in mediation is confidential. The mediator cannot share anything without our permission. This allows us to be strategic and open.

I always try to get the insurance company to pay for the mediator’s fee. Mediation usually lasts four to eight hours, and many cases settle this way. If not, we begin preparing for trial.

What If Your Case Goes to Trial?

Some cases don’t settle in mediation or other forms of negotiation. That’s when we go to court. And should that happen, you want a team that’s ready and experienced.

At Dwyer Williams Cherkoss, we are trial lawyers. We’ve handled hundreds of trials, and we know how to prepare, present, and win. If your case needs to go before a jury, we’re ready to fight for the result you deserve.

Closing Thoughts

Filing a lawsuit is not a failure. It’s a step forward. It protects your legal rights and keeps the pressure on the insurance company to resolve your claim.

From start to finish, our job is to reduce your stress and guide your case with care and confidence. Whether through negotiation, mediation, or trial, our team is here to fight for you.

If you have questions about your case or what comes next, we’re always happy to talk.