Reference Tool

Communication Expectations by Phase

Know exactly how often your lawyer should contact you — and when silence crosses from normal to 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, the insurer typically has 30 days to respond, though they often take longer.

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 typically 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

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

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