Working With Our Firm

What to Expect When You Hire The Herman Firm in Walnut Creek

The Herman Firm Legal Team  |  8 min read  |  Personal Injury

Hiring a personal injury attorney is a decision most people only make once or twice in their lives, usually while dealing with pain, missed work, and an insurance adjuster who is already calling. Not knowing what happens next only adds to the stress. This guide walks through what actually happens after you sign with The Herman Firm, from the first phone call through resolution, so you know what to expect at every stage.

The Process, Step by Step

1. Free Initial Consultation

   We start by listening. You walk us through what happened, and we ask questions about the accident, your injuries, and any communication you have already had with insurance companies. This meeting is free and does not obligate you to hire us.

2. Signing the Retainer Agreement

   If you decide to move forward, we put our fee structure in writing before anything else happens. We work on contingency, meaning our fee is a percentage of any recovery and you pay nothing out of pocket to get started.

3. Investigation Begins

   We move quickly to preserve evidence while it is still available: photographs, witness statements, police or incident reports, surveillance footage where applicable, and any physical evidence tied to the accident. Evidence has a way of disappearing the longer a case sits untouched.

4. We Take Over Insurance Communication

   Once we represent you, insurance adjusters are directed to speak with our office, not with you. This matters more than most clients expect. Adjusters are trained to ask questions designed to minimize your claim, and having an attorney handle that communication protects you from saying something that could be used against you later.

5. Medical Treatment and Documentation

   We coordinate with your medical providers to make sure your treatment is properly documented and connected to the accident. This documentation becomes the backbone of your claim’s value, so we stay involved rather than waiting until the end to gather records.

6. Demand and Negotiation

   Once your treatment has stabilized, we prepare a demand package and begin negotiating with the insurance company. This stage can take weeks or months depending on the complexity of the case and how the insurer responds.

7. Resolution or Litigation

   Most cases resolve through negotiated settlement. If the insurance company will not offer a fair value for your claim, we are prepared to file a lawsuit and take the case through litigation, including trial if necessary.

How Often You Will Hear From Us

One of the most common complaints clients bring to us after leaving another firm is that they could never get anyone on the phone. We handle communication differently. You will hear from our office at every meaningful development in your case, and you are never left wondering whether anything is happening. If you have questions in between, you can reach us directly rather than being routed through a call center.

What The Contingency Fee Actually Means

We do not bill by the hour and we do not charge a retainer up front. Our fee comes out of the settlement or verdict we recover for you, and if we do not win your case, you owe us nothing for our time. Case costs, such as expert witness fees or medical record requests, are addressed clearly in your written agreement so there are no surprises later.

How Long the Process Typically Takes

Timelines vary widely depending on the severity of your injuries, whether liability is disputed, and whether the case settles or proceeds to litigation. Straightforward claims with clear liability sometimes resolve within a few months of treatment ending, while more complex or contested cases can take a year or longer. We give you a realistic estimate based on your specific facts rather than a generic timeline, and we explain our reasoning as your case develops. For more detail on what affects timing, see our guide on how long a personal injury lawsuit takes in California.

Direct Attorney Access, Not a Handoff to Staff

At many firms, your case gets assigned to a case manager or junior associate shortly after you sign, and the attorney whose name is on the advertising has little further involvement. At The Herman Firm, you have direct access to the attorney handling your case, not just a rotating staff member reading from a file. If you are still comparing firms, our guide on how to choose a personal injury lawyer in Walnut Creek covers the questions worth asking before you sign with anyone.

Frequently Asked Questions