FAQs

Most catastrophic injury cases settle before trial. The leverage to settle a case for full value, however, comes from being genuinely prepared to try it. Insurance companies and defense lawyers know which firms try cases and which firms do not, and they adjust their offers accordingly. Team Stogner prepares every case as if it will be tried, because that is the only way to ensure that when settlement comes, it comes at a number that reflects what the case is actually worth.

A demand letter is a comprehensive written presentation of your case to the insurance company or the at fault party, setting out the facts, the liability evidence, the medical record, the damages, and the amount required to resolve the case. In a catastrophic injury case, a demand is not a one-page letter. It is a full package that often includes medical records and bills, expert reports, life care plans, economic loss analyses, photographs, and other supporting documentation. The demand letter is typically sent after the client has reached maximum medical improvement and the full extent of damages can be presented. It is the first formal opportunity to resolve the case before litigation, and the quality of the demand directly affects the quality of the response.

A lack of insurance on the at fault party does not necessarily end your case. Several other sources of recovery may be available depending on the facts, including your own uninsured or underinsured motorist coverage, umbrella policies held by you or by the at fault party, employer liability if the at fault party was working at the time of the incident, commercial policies that may apply to the vehicle or premises involved, and in some cases personal assets of the responsible party. Identifying every available source of recovery is part of the early investigation in every Team Stogner case. We do not assume the at fault driver’s policy is the only money on the table.

You do. Under Texas rules of professional conduct, the decision to accept or reject a settlement offer belongs to the client, not the attorney. Team Stogner’s role is to give you complete information about every offer, our honest assessment of what the case is worth, the strengths and weaknesses of going to trial, the realistic range of outcomes, and our recommendation. With that information in hand, the choice is yours. We will never pressure you into a settlement you are not comfortable with, and we will never refuse to try a case that should be tried.

You will receive regular updates throughout the life of your case, with the frequency depending on what phase the case is in. During active periods, such as discovery, mediation preparation, or trial preparation, communication is frequent. During quieter phases, such as while waiting for medical treatment to stabilize or for the court to set a hearing, updates are less frequent but still consistent. You will have a primary point of contact within your pod, and calls and messages are returned promptly, typically within one business day. If you have a question at any point, you do not need to wait for a scheduled update to ask it.

Every Team Stogner case is handled by a dedicated pod, not a single attorney working in isolation and not a junior associate handed the file after intake. Each pod is led by Brant or Jennifer Stogner and supported by a consistent group of attorneys, paralegals, and case managers who know your case from the first day to the last. You will know the names of the people working on your matter, you will speak with the same team throughout, and the lawyer leading your pod is personally accountable for every decision made on your behalf.

A case is resolved when it reaches a final conclusion, either through a negotiated settlement, a jury verdict, or in some circumstances a judgment entered by the court. Resolution is the point at which the legal proceedings end and the compensation, if any, is distributed.

In a settlement, the parties sign a release and settlement agreement, and the agreed funds are transferred, typically to the attorney’s trust account, then disbursed to the client after deduction of attorney’s fees and any litigation expenses that were advanced on the client’s behalf. The specific terms of how fees and expenses are handled will be explained clearly in the fee agreement you sign at the beginning of the representation and reviewed with you again at resolution.

At resolution, Team Stogner will walk you through every number: what was recovered, what fees and expenses are deducted, and what you receive. There are no surprises at the end of a Team Stogner case. The process is explained at the beginning, updated throughout, and confirmed in full at the close.

If a fair settlement cannot be reached, Team Stogner is prepared to try the case before a jury. This is not a contingency plan. It is the standard the team prepares for from day one of every case, which is precisely why it happens far less often than it otherwise might.

A jury trial in a catastrophic injury case typically involves jury selection, opening statements, presentation of evidence including witness testimony and expert opinions, cross-examination of the defense’s witnesses and experts, closing arguments, and jury deliberation. The process can take anywhere from a few days to several weeks depending on the complexity of the case.

If your case proceeds to trial, you will be thoroughly prepared for every stage of it. You will understand what is happening, what is being argued, and what the team is doing on your behalf at each moment. Brant Stogner has tried catastrophic injury cases to jury verdict in state and federal courts across Texas throughout his career. Going to trial is not unfamiliar territory for this team. It is where the preparation they have been building since day one is designed to arrive.

A settlement is a voluntary agreement between the injured party and the defendant, or the defendant’s insurer, to resolve the claim for an agreed amount in exchange for releasing the defendant from further liability. Settlements can be reached at almost any stage of a case, from before a lawsuit is filed through the middle of trial.

The fairness of a settlement depends on many factors: the severity and permanence of the injuries, the completeness of the medical record, the strength of the liability evidence, the financial resources of the defendant, the applicable insurance coverage, and the credibility and trial readiness of the legal team. A settlement that might be appropriate for one case is inadequate for another with similar facts but stronger preparation behind it.

Team Stogner does not recommend a settlement unless the amount reflects what the case is actually worth given the full picture of the evidence, the injuries, and what is achievable through trial. Every settlement recommendation comes with a direct explanation of why Team Stogner believes it is the right outcome, and no case settles without the client’s informed agreement. You are never pressured to accept an outcome. The decision is always yours.

Mediation is a structured negotiation process in which both sides meet with a neutral third party, the mediator, who facilitates discussion and works to help the parties reach a voluntary settlement. The mediator does not decide the outcome. Their role is to help both sides communicate and explore whether a mutually acceptable resolution is possible.

Mediation is common in serious injury cases and is often required by the court before a trial date is set. It can take place at various stages of litigation, and in some cases it results in settlement. In others, it does not, and the case proceeds toward trial.

Team Stogner approaches mediation with the same preparation applied to every other stage of the case. A mediation in a well-prepared case is not a fishing expedition to see what the other side will offer. It is a presentation of a fully developed case to a defendant who has already seen what the preparation looks like and must now decide whether to resolve the matter or face a trial-ready team in front of a jury.

A deposition is a formal process in which a witness is asked questions under oath by attorneys from both sides, outside of a courtroom, with a court reporter present to create a written transcript. Depositions are a standard part of the discovery process in serious injury litigation.

In most catastrophic injury cases, the injured person will be deposed by the defense attorneys at some point during litigation. This can feel intimidating, but preparation makes an enormous difference. Before your deposition, your Team Stogner attorney will spend meaningful time with you going over the process, what to expect, and how to answer questions clearly and accurately. You will not walk into a deposition unprepared.

Depositions are also taken of the defendant’s representatives, corporate witnesses, employees, and experts. These depositions are where Team Stogner holds the other side accountable to the facts of the case, locks witnesses into positions they will have to defend at trial, and builds the record that supports your claim.

Discovery is the formal process through which both sides in a lawsuit exchange information and evidence relevant to the case. It is one of the most important phases of litigation and one of the most demanding in terms of preparation and strategy.

Discovery in a serious injury case typically involves written questions that each side must answer under oath, formal requests for documents and records from the opposing party, requests for inspection of physical evidence or locations relevant to the incident, and depositions, which are sworn testimony taken outside of court and discussed in more detail below.

Discovery is where a well-prepared case separates itself from a poorly prepared one. The questions asked, the documents requested, and the depositions taken all shape the record that will be used at trial or at the settlement table. Team Stogner approaches every discovery phase as if the case will ultimately be decided by a jury, because that standard of preparation produces better outcomes whether the case goes to trial or not.

Investigation in a catastrophic injury case begins as early as possible, because evidence degrades over time. Accident scenes change. Surveillance footage is overwritten. Witnesses move on and their memories fade. The sooner a thorough investigation begins, the stronger the evidentiary foundation of the case.

In a serious injury case, investigation typically includes gathering and preserving all available physical evidence from the scene of the incident, obtaining official records such as police reports, incident reports, and inspection records, identifying and interviewing witnesses, securing video or photographic documentation, reviewing relevant corporate records and safety policies, and consulting with specialists in fields such as accident reconstruction, industrial safety, or engineering depending on the nature of the incident.

Team Stogner begins this process immediately upon taking a case. The investigation is not a preliminary step that happens before the real work begins. It is the foundation on which the entire case is built, and it continues to develop throughout the litigation as new information comes to light.

A member of Team Stogner will contact you by phone the same business day you reach out. That first call is a genuine conversation, not a screening process. A team member will listen to what happened, ask the questions that help us understand the full picture of your situation, and give you an honest assessment of how we may be able to help.

If we believe your case is a strong fit for Team Stogner, we will explain exactly what the next steps look like and what you can expect from us going forward. If for any reason we are not the right fit, we will tell you that directly and do our best to point you toward the right resources.

There is no obligation, no cost, and no pressure. The consultation is free. The goal of that first call is simply to make sure you have the information you need to make the best decision for yourself and your family.

Insurance companies often examine serious injury claims very carefully. The strength of the legal team involved in the case can influence how those claims are evaluated.

Preparing a case for trial allows attorneys to develop strong evidence, consult medical specialists, and clearly explain the long-term effects of the injury. This level of preparation often shapes how negotiations develop throughout the case.

If a case proceeds to litigation, thorough preparation can help ensure the facts are presented in a clear and compelling way.

Several factors can extend the timeline of a catastrophic injury case, including ongoing medical treatment that has not yet reached maximum medical improvement, complex liability that requires extensive investigation or expert analysis, multiple defendants whose schedules and strategies must be coordinated, insurance company delay tactics, voluminous records or large discovery productions, court docket congestion, and appeals filed after a verdict. Team Stogner cannot control every factor, but we manage the ones we can and push the case forward at every available opportunity.

After a settlement is reached, the typical timeline from signed release to disbursement is a few weeks. The settlement funds are sent to the attorney’s trust account, where they are held while any outstanding medical liens, health insurance subrogation claims, or government liens are resolved. Once those obligations are addressed, you receive a complete written accounting that shows the gross settlement amount, the attorney’s fees, the litigation expenses advanced by the firm, the lien resolutions, and your net recovery. The check is then issued to you. Team Stogner walks every client through the closing statement in detail before any disbursement is made.

Maximum medical improvement, often abbreviated MMI, is the point at which your treating physicians determine that your condition is unlikely to improve further with additional treatment. It does not necessarily mean you are fully recovered. In catastrophic injury cases, it often means the medical team has done what it can, and the remaining limitations are permanent. MMI matters because it is the point at which the full scope of your damages can be quantified with reasonable certainty, including future medical care, lost earning capacity, and long-term life care needs. Settling or trying a case at MMI gives the jury and the insurance company a complete picture of what the injury has cost and will continue to cost.

In most catastrophic injury cases, yes. Settling a case before you have reached maximum medical improvement means settling before the full extent of your injuries, your future medical needs, and your long-term limitations are known. Insurance companies often try to settle catastrophic injury cases early for exactly this reason, because a settlement reached before the medical picture is complete almost always undervalues the case. There are exceptions, particularly when policy limits are clearly inadequate or when an early settlement is strategically advantageous, but as a general rule, patience during medical treatment protects the value of your case. Team Stogner will advise you on the timing that makes sense for your specific situation.

In Harris County and surrounding Texas jurisdictions, it often takes a year or more after a lawsuit is filed before a trial date is set, and trial settings can be reset by the court for a variety of reasons. Crowded dockets, scheduling conflicts among the parties, and the time required to complete discovery all affect how quickly a case reaches trial. Team Stogner pushes cases forward at every available opportunity, but the pace of the court system is largely outside any single party’s control. We will keep you informed of every setting and every change.

Discovery typically lasts six to eighteen months in catastrophic injury cases, and longer in complex matters involving multiple parties, voluminous records, or extensive expert testimony. Discovery is the phase in which both sides exchange documents, answer written questions, and take depositions. It is the phase where the case is built for trial, witness by witness and document by document. It can feel slow because much of the work happens behind the scenes, but every deposition taken, every document reviewed, and every expert prepared during discovery directly affects the value of the case at settlement or verdict.

The initial investigation typically takes several weeks to a few months, depending on the complexity of the case. During this period, Team Stogner is gathering and preserving evidence, obtaining police reports and incident records, securing witness statements, retaining accident reconstruction or other liability experts when needed, collecting medical records, and identifying every potentially responsible party and every available source of insurance coverage. In commercial trucking cases, oilfield cases, and product liability cases, the investigation can extend longer because of the volume of records and the number of parties involved. Although it can feel slow from the outside, the investigation phase is one of the most important parts of building the case.

In Texas, the general statute of limitations for personal injury claims is two years from the date of the injury. There are important exceptions. Claims against governmental entities under the Texas Tort Claims Act require formal notice within 180 days, and some local governments require notice in as few as 30 to 90 days. Claims involving minors are tolled until the minor reaches the age of 18. The discovery rule may extend the deadline in cases where the injury or its cause was not immediately apparent. Wrongful death and survival claims have their own deadlines. Because these deadlines vary and are strictly enforced, it is important to consult with a lawyer as soon as possible after a catastrophic injury so that no rights are lost to a missed filing date.

A case is resolved when it reaches a final conclusion, either through a negotiated settlement, a jury verdict, or in some circumstances a judgment entered by the court. Resolution is the point at which the legal proceedings end and the compensation, if any, is distributed.

In a settlement, the parties sign a release and settlement agreement, and the agreed funds are transferred, typically to the attorney’s trust account, then disbursed to the client after deduction of attorney’s fees and any litigation expenses that were advanced on the client’s behalf. The specific terms of how fees and expenses are handled will be explained clearly in the fee agreement you sign at the beginning of the representation and reviewed with you again at resolution.

At resolution, Team Stogner will walk you through every number: what was recovered, what fees and expenses are deducted, and what you receive. There are no surprises at the end of a Team Stogner case. The process is explained at the beginning, updated throughout, and confirmed in full at the close.

A member of Team Stogner will contact you by phone the same business day you reach out. That first call is a genuine conversation, not a screening process. A team member will listen to what happened, ask the questions that help us understand the full picture of your situation, and give you an honest assessment of how we may be able to help.

If we believe your case is a strong fit for Team Stogner, we will explain exactly what the next steps look like and what you can expect from us going forward. If for any reason we are not the right fit, we will tell you that directly and do our best to point you toward the right resources.

There is no obligation, no cost, and no pressure. The consultation is free. The goal of that first call is simply to make sure you have the information you need to make the best decision for yourself and your family.

Every case develops at its own pace. Some claims resolve through settlement discussions once the facts and damages are fully understood. Others move forward through litigation.

Lawyers often spend significant time reviewing medical records, consulting experts, and gathering evidence related to the accident. Serious injury claims also require a detailed evaluation of future medical needs and long-term financial losses.

If a fair resolution cannot be reached through negotiation, the case will proceed to trial.