After you hire a Texas personal injury lawyer, the firm sends a letter of representation to every insurance company involved. From that point adjusters contact the firm, not you. Your lawyer collects the crash report, medical records and bills while you focus on treatment, then sends a demand package and negotiates the claim.
Day One: The Fee Agreement and the Representation Letter
Hiring an injury lawyer starts with a written contingency fee agreement. No money changes hands at signing. The fee is a percentage of what is recovered, and if there is no recovery there is no fee. Read the agreement and ask before you sign how case expenses are handled and who advances them.
Once it is signed, the firm sends letters of representation to the at-fault driver’s insurer, to your own insurer, and to any other carrier in the picture. The letter identifies you, states that the firm represents you, and instructs the carrier to direct all communication to the firm.
The firm also opens the file: claim numbers confirmed, adjusters identified, the crash report ordered, and preservation letters sent where evidence like video or vehicle data could be lost.
The Calls Start Going to the Firm Instead of You
This is the change most clients notice first. Once a carrier has the representation letter, its adjusters are expected to communicate with your lawyer. You stop fielding calls asking how you are feeling, whether you have seen a doctor yet, and whether you would mind giving a recorded statement.
You do not owe the other driver’s insurance company a recorded statement, and after you are represented, no one should be asking you for one directly. If an adjuster calls anyway, you can say you are represented, give the firm’s name and number, and end the call.
One exception is worth knowing. Property damage, rental cars and total-loss valuations sometimes move on a separate track and may need your input on things like photographs, personal items in the vehicle or where the car is stored. Ask your firm how it handles the property damage side so you are not caught off guard.
Building the File While You Treat
While you are treating, the firm is collecting. Most of this happens without you being asked for anything beyond signed authorizations.
Crash reports come through the TxDOT Crash Records Information System, can take up to 14 days to appear after the investigating officer files it. In Arlington, the Police Department’s Records Unit at 620 W. Division St. routes reports to that system.
- The crash report and any supplemental officer narrative or diagram.
- Photographs of the vehicles, the scene and your visible injuries.
- Witness names and statements, and scene evidence such as nearby surveillance video.
- Complete medical records and itemized bills from every provider, including the ambulance and the emergency room.
- Proof of lost income: pay records, an employer statement, or documentation of self-employment losses.
- Insurance coverage information, including the limits available and any uninsured or underinsured motorist coverage on your own policy.
- Health insurance, hospital and workers’ compensation lien or subrogation claims that will have to be resolved at the end.
What the Firm Needs From You
A client’s part is small but it decides the outcome more than most people expect. Nearly every avoidable problem in an injury case comes from a gap in treatment or a client the firm cannot reach.
- Go to every medical appointment, and follow through on referrals for imaging, therapy or specialists.
- Tell each provider about every body part that hurts, not just the worst one. If it is not in the record, it is not in the case.
- Report new or worsening symptoms to a doctor rather than waiting to mention them at the end.
- Keep your address, phone number and email current with the firm.
- Forward bills, letters and any paperwork to your attorney which an insurer sends to your home.
- Do not post about the crash, your injuries or your activities on social media.
- Do not sign anything from an insurance company, including a release or a broad medical authorization, without your lawyer reviewing it first.
The Demand Package and the Negotiation
When your treatment is finished or has reached a stable point, the firm assembles a demand package. It is not a letter asking for money. It is an organized presentation: how the crash happened, what the medical records show, what the itemized bills total, what income you lost, and how the injury has affected your daily life.
The package goes to the adjuster with a deadline to respond. The adjuster evaluates the file, usually returns a lower number, and the two sides trade positions. Your lawyer should explain the reasoning behind each number, including the weaknesses the insurer is pointing to.
Every offer comes to you. Settlement authority belongs to the client, not the lawyer, and no case settles without your approval. If negotiation stalls, or if the two-year filing deadline is approaching, the next step is filing a lawsuit, which is a step in the process rather than a decision to go to trial.
How Communication Should Work
Ask at the first meeting: who your day-to-day contact is, how often you will hear from the firm, and whether the lawyer sitting across from you will be the one handling the case. Those three answers tell you most of what you need to know about how the representation will feel.
Expect contact at the natural milestones: when representation letters go out, when records come in, when the demand is sent, when an offer arrives, and if a lawsuit is filed. Between milestones there are stretches where nothing visible happens because the file is waiting on a provider.
Jim Ross Law Group, P.C. offers a free consultation at 817-275-4100, in person or by phone, and there is no fee unless we win.
Frequently Asked Questions
How soon after I sign will the insurance company stop calling me?
Usually within days of the representation letter reaching the adjuster. Carriers log the representation and route further contact to the firm. If a call still comes through, say that you are represented, give the firm’s name and number, and hang up. Tell your firm it happened, because continued direct contact after notice is something your lawyer will want to address with the carrier.
Do I have to pay anything when I hire the lawyer?
Not under a contingency fee agreement. There is no retainer and nothing due at signing. The fee is a percentage of the recovery and case expenses are typically advanced by the firm and repaid to the firm out of the gross settlement. Ask specifically what happens to those expenses if there is no recovery, and get the answer in the written agreement rather than in conversation.
What is a demand package and when does it get sent?
It is the organized presentation of your claim: liability facts, medical records, itemized bills, lost income and the effect on your daily life, sent to the adjuster with a response deadline. It goes out after treatment is complete or has stabilized, because a demand sent while you are still treating undervalues the parts of the case that are not documented yet.
Will my lawyer talk to my doctors?
The firm requests records and bills using authorizations you sign and may ask a treating provider to clarify a diagnosis, a work restriction or whether the crash caused the condition. Your lawyer does not direct your medical care. Which treatment you receive is between you and your doctors and, the record is far stronger when it reflects genuine medical judgment.
Can I still see my own doctor, or do I have to use one the firm sends me to?
You choose your providers. Many people use their regular doctor and their health insurance. If you have no coverage or no way to pay up front, ask the firm what options exist in your situation. What matters to the case is that you are actually evaluated and treated, consistently and by someone who documents what they find.
Who decides whether to accept a settlement offer?
You do. Every offer is presented to you with the lawyer’s recommendation and the reasoning behind it, but the decision to accept or reject belongs to the client. A lawyer cannot settle your case without your authority. Ask what the insurer is disputing, what the outstanding liens are, and what you would actually net at the number on the table.
What happens if the insurance company will not offer enough?
The firm files a lawsuit before the limitations deadline. Filing moves the case onto a Tarrant County court’s schedule, opens discovery, and usually leads to a court-ordered mediation. Many claims that stalled in negotiation resolve once the insurer has to defend the file rather than simply evaluate it. Filing suit does not mean your case is going to trial.
How often should I expect to hear from my lawyer's office?
Ask at the first meeting and hold the firm to the answer. A reasonable expectation is contact at each milestone, plus a response to your calls within a business day or two. Quiet stretches are normal while records are outstanding, but you should never have to guess what stage your case is in or who is handling it.
This page is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different and past results do not guarantee or predict a similar outcome in any future case. Jim Ross Law Group, P.C., 2201 E Lamar Blvd #110, Arlington, TX 76006.