Understanding the Phases of a Personal Injury Claim
Suffering an injury in an accident is often a frightening and overwhelming experience. Beyond focusing on your physical and emotional recovery, you must also navigate the complex legal process of filing a personal injury claim. Retaining an experienced law firm, such as Lavigne Law Firm, can provide invaluable assistance in ensuring your claim is properly handled.
To help you better understand what to expect, we have outlined the key phases of a personal injury claim, assuming you have secured legal representation.
Phase 1: Initial Case File Setup
The first step involves hiring a personal injury attorney and providing all relevant details about your case. This includes information about the accident, injuries sustained, witness contacts, and police involvement. Your lawyer will organize and document this information, forming the foundation for your claim.
Phase 2: Insurance Claims Process
Once your case file is established, your attorney will communicate with the insurance companies on your behalf. It is critical that insurance companies only contact your lawyer directly, as they often employ tactics to minimize compensation. The insurance adjuster will investigate the claim by reviewing reports and interviewing involved parties, a process that can take time. Your attorney will advocate aggressively to establish liability and protect your interests.
Phase 3: Property Damage Assessment
If your accident resulted in damage to personal property, such as your vehicle, this phase involves evaluating the extent of that damage and seeking fair compensation from the at-fault party’s insurer. Your lawyer will negotiate to ensure you receive appropriate reimbursement.
Phase 4: Medical Treatment Coordination
Your health and recovery are paramount. During this phase, you will receive necessary medical care. Your attorney can assist in connecting you with medical providers who offer treatment on a lien basis, meaning payment is deferred until your claim is resolved. We can also recommend convenient healthcare options near your home or workplace.
Phase 5: Settlement Demand Preparation
After completing medical treatment and gathering all documentation, your lawyer will draft a detailed settlement demand. This demand outlines the liability of the other party, summarizes your medical treatment, and quantifies your damages. Typically, the demand requests payment up to the full insurance policy limits.
Phase 6: Settlement Negotiations
If the insurance company agrees to pay the policy limits, the case can be settled promptly. However, if the offer is insufficient, your attorney will negotiate vigorously on your behalf. This phase may involve multiple counteroffers, but our goal is to secure the best possible settlement for you as efficiently as possible.
Phase 7: Case Finalization
Once you approve the settlement, your attorney will review and finalize the settlement agreement. After signing, the insurance company issues the settlement check. Concurrently, your lawyer will work to reduce medical liens and negotiate reimbursements owed to health insurers, maximizing your final compensation.
