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Reference Tool

Communication Expectations by Phase

Use practical communication benchmarks by phase, and spot when silence may be a red flag.

First 48 Hours After Hiring

Expected Response Time
Within 24 hours
Update Frequency
Daily contact
Normal Silence Period
Up to 24 hours between messages
Red Flag Silence
48+ hours with no response after you have signed the retainer
What to Expect

Your attorney or their intake team should confirm receipt of your signed agreement, explain immediate next steps (medical records requests, insurance notification, evidence preservation), and provide you with a direct contact number or email. You should know who to call if you have questions.

Active Medical Treatment

Expected Response Time
48 - 72 hours for non-urgent questions
Update Frequency
Monthly check-ins at minimum
Normal Silence Period
Up to 6 weeks during routine treatment with no legal developments
Red Flag Silence
8+ weeks with no communication and no response to your messages
What to Expect

This is often the quietest phase. Your attorney is waiting for you to finish treatment because the case cannot be accurately valued until you reach Maximum Medical Improvement (MMI). They should periodically confirm they are tracking your treatment, remind you to attend all appointments, and ask about any changes in your condition. You should feel comfortable reaching out if something changes.

Maximum Medical Improvement (MMI)

Expected Response Time
48 hours
Update Frequency
Bi-weekly updates while gathering records and building the demand
Normal Silence Period
Up to 2 weeks while collecting final medical records
Red Flag Silence
4+ weeks after your doctor released you with no contact about next steps
What to Expect

Once your doctor says you have improved as much as expected, your attorney should explain what MMI means for your case, request final medical records and billing summaries, and begin preparing the demand package. This is a transition point - you should feel the pace pick up.

Demand Preparation & Submission

Expected Response Time
48 hours
Update Frequency
Weekly updates during demand preparation
Normal Silence Period
Up to 3 weeks while drafting and compiling the demand letter
Red Flag Silence
4+ weeks with no update on demand progress after MMI records were collected
What to Expect

Your attorney is compiling medical records, bills, lost wage documentation, and a legal argument into a demand letter sent to the insurance company. You should be consulted on the demand amount and strategy. After submission, many insurers target about 30 days for an initial response, though longer timelines are common.

Negotiation with Insurance

Expected Response Time
Same day to 48 hours
Update Frequency
Update after each round of offers and counteroffers
Normal Silence Period
Up to 2 weeks between negotiation rounds
Red Flag Silence
3+ weeks with no update on the insurance company's response or your attorney's strategy
What to Expect

Negotiations typically involve multiple rounds of offers and counteroffers. Your attorney should share every offer with you, explain their recommendation, and get your approval before responding. You should understand the reasoning behind each counteroffer. Never be pressured into accepting - the decision is always yours.

Litigation (If Filed)

Expected Response Time
48 - 72 hours
Update Frequency
Monthly updates, more frequent around depositions and hearings
Normal Silence Period
Up to 4 weeks during discovery phases when the court calendar controls timing
Red Flag Silence
6+ weeks with no update, especially if you know deadlines or hearings are approaching
What to Expect

Litigation is slower than negotiation. Discovery (document exchange, depositions) can take months. Your attorney should prepare you thoroughly before your deposition, update you on any motions filed, and keep you informed about the trial timeline. Most cases still settle during litigation, often after mediation.

Settlement & Disbursement

Expected Response Time
24 - 48 hours
Update Frequency
Weekly updates until funds are disbursed
Normal Silence Period
Up to 1 week for standard processing
Red Flag Silence
2+ weeks after settlement was reached with no disbursement timeline or itemized closing statement
What to Expect

After agreeing to a settlement, your attorney should provide a written closing statement showing the gross settlement, attorney fees, case costs, medical lien payments, and your net amount. The check often arrives in 2-6 weeks after signing the release. Delays usually come from lien negotiations with health insurers - your attorney should explain any holdups.

If Communication Breaks Down

  1. 1Send a written request (email preferred for documentation) asking for a specific status update within 5 business days.
  2. 2If no response, call the office and ask to speak with the managing partner or office manager — not just your paralegal.
  3. 3Request a face-to-face or video meeting to discuss your concerns and establish a communication schedule going forward.
  4. 4If the pattern continues, consult another attorney about your options. You can switch lawyers — the new attorney handles the transition.
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