Personal Injury,
Handled Personally
Handled Personally
Holzberg Legal | Your Maritime and Personal Injury Lawyers
Pre-Suit FAQ
Q: Why hasn’t my case been filed yet? What is MMI?
A: Filing too early can undervalue your case. Maximum Medical Improvement (MMI) is the point where your doctors determine that your condition has plateaued — you’re not expected to get significantly better with more treatment, even if you still have symptoms. Waiting until MMI (or close to it) allows us to fully capture the extent of permanent impairment, future medical care, and long-term costs. Filing before then risks underestimating damages and letting the defense argue that your condition would have improved on its own.
Q: What’s the benefit of pre-suit?
A: Pre-suit gives us a chance to resolve your case faster and at a lower cost than formal litigation. It avoids the court system’s delays, reduces expenses like expert fees and depositions, and provides more privacy. It also allows us to fix gaps in proof, gather additional records, and frame the case in the best light before the defense hardens its position. Even if we later file suit, the pre-suit process helps narrow the issues and shows the defense that we are thorough and trial-ready.
Q: What are settlement ranges vs. “best day in court”?
A: Every case has a range of likely outcomes. We model low, median, and high values based on liability strength, medical damages, future care, wage loss, and venue. Settlement targets are typically adjusted to account for risk factors such as trial odds, legal costs, appeals, and collection risk. Your “best day in court” is the maximum verdict you could hope for if everything breaks perfectly your way. Settlements usually fall within the statistical “most likely” band, which balances value against the certainty of recovery.
Q: Will my case settle or go to trial?
A: Most cases settle. A trial or arbitration becomes necessary when the defense disputes liability, causation, or damages, or if they refuse to offer fair value. Going to trial means higher risk and cost, but also the potential for a larger award. The key is whether the defense undervalues your case or whether we can achieve an acceptable resolution through negotiation or mediation.
Q: Do I need to see specific doctors?
A: You control your own medical care. We recommend you see qualified providers who understand your injuries, including specialists when necessary. Imaging studies like MRIs or CT scans often help clarify diagnosis and future treatment needs. While we don’t dictate who you see, having well-documented care from credible providers strengthens your case and makes it harder for the defense to dispute your injuries.
Q: What if I can’t afford treatment?
A: We explore every option. That may include health insurance, government programs, provider payment plans, or third-party funding. In some cases, doctors will agree to treat under a “letter of protection” (LOP), which means they wait for payment from settlement funds. We are cautious with law firm-issued LOPs due to ethical concerns and independence, but provider-issued LOPs are sometimes appropriate. Our priority is making sure you get the care you need without jeopardizing your legal rights and recovery.
Q: Can I choose surgery vs. conservative care?
A: Yes. Medical decisions are yours to make with your doctors. From a legal standpoint, surgery versus conservative care can significantly affect your case. Surgery may increase case value because it demonstrates severity, creates future care needs, and leaves more lasting effects. Conservative treatment may suggest a milder injury, but also avoids the risks of surgery.
Q: What is a Demand Letter?
A: A demand letter is the formal settlement package we send to the defendant or their insurer. It includes the story of your case: how the incident happened, why the defendant is liable, your medical treatment, bills, lost wages, future care needs, and any permanent impairment. It often attaches photos, witness statements, and expert opinions. The demand letter opens formal negotiations. Done properly, it frames the case in your favor and can resolve the matter without litigation.
Quick Glossary
MMI: Maximum Medical Improvement.
IME: Independent Medical Examination (defense medical exam).
Maintenance & Cure: Seaman’s right to living stipend and medical care until MMI.
Unseaworthiness: Vessel not reasonably fit for intended use.
DOHSA: Death on the High Seas Act.
LHWCA: Longshore & Harbor Workers’ Compensation Act.
Subrogation/Reimbursement: Payor’s right to be repaid from your recovery.
Mediation: Facilitated settlement conference.
Spoliation: Destruction/failure to preserve evidence.
Important Notice
Deadlines can be as short as months (e.g., cruise tickets). Contact us immediately so we can preserve evidence and protect your rights.
