The Different Phases of a Personal Injury Claim

Being injured in an accident can be a scary and overwhelming experience. Not only do you have to worry about your physical and emotional recovery, but you also have to navigate the legal process of filing a personal injury claim. This process is complex, and therefore, hiring a law firm like Roebuck Law Firm can assist you in properly making your claim. Nevertheless, it is essential to understand the phases of a personal injury claim before you get started. In this blog post, we will take a closer look at the different phases of a personal injury claim and what you can expect during each stage, assuming you’ve hired a personal injury lawyer to represent you.

Phase 1: Initial Case File Set Up

The first phase of a personal injury claim is the initial case file set up. This phase involves hiring a personal injury lawyer and providing all the relevant documents and information about your case to them. Your lawyer will need to know the details of your accident, your injuries, and any other relevant information, such as the names and contact information of witnesses, or whether the police arrived at the scene. After receiving this information, your lawyer will properly save it to your case file, and then will be able to begin working on your case.

Phase 2: Claims With Insurance Companies

The next phase of a personal injury claim involves making claims with the insurance companies. This means we will contact the insurance companies, let them know we represent you, and request that they only contact our office about your case, and not you directly (it’s typically always best to have a lawyer do the talking with the insurance companies for you, as insurance companies only care about saving money and therefore, they are notorious for asking tricky questions to downplay your crash and/or your injuries). Once an adjuster is assigned, they will need some time to “investigate the claim,” which typically means speaking to their insured and reviewing the police report/incident report, if any. This can sometimes take a bit of time, and your lawyer will likely need to argue with the insurance company to get them to accept liability for your claim.

Phase 3: Property Damage

If your accident involved any damage to your property, such as your vehicle, this phase will involve figuring out the amount of property damage you have suffered and seeking compensation from the responsible party’s insurer. Your lawyer can help you negotiate with the insurance company to ensure that you receive a fair settlement for your property damage.

Phase 4: Medical Treatment

It is crucial to seek medical treatment for your injuries after your accident. Your recovery is essential, and the medical treatment phase of your personal injury claim involves working with your doctor to ensure you receive quality medical care. Your lawyer can help you find doctors that will treat you on a “lien,” which means you don’t pay anything up front and instead, the doctors just get paid out of the settlement. We can also provide you with a list of options that are close to where you live or work, so that way, making it to appointments is convenient for you.

Phase 5: Sending Settlement Demand

Once you have completed your medical treatment and your lawyer has gathered all the necessary information and documentation, they will prepare a settlement demand to the insurance company. This is a letter that summarizes why the other party is at fault, what medical treatment you received, and how much your damages are. Except in rare circumstances, our office typically asks in our initial settlement demand that the insurance company pay their full “policy limits” (i.e., all the money available under the insurance policy).

Phase 6: Negotiating a Settlement

If the insurance company responds and says they’re paying out the full policy limits, then your case is settled. However, if the insurance company responds with a low settlement offer, we’ll let you know and begin negotiating a settlement on your behalf. This phase can be lengthy, as it involves multiple offers and counteroffers with the insurance company. However, your lawyer at Roebuck Law Firm will work diligently to get you the best possible settlement for your injuries, as quickly as possible.

Phase 7: Finalizing the Case

After you have authorized us to settle your case, there are still a few more steps to complete. For instance, we have to obtain the settlement agreement (also known as the release) from the insurance company. We will then review and revise it if needed, and then have you sign it. Once signed, we’ll provide it to the insurance company and then they’ll mail us the settlement check.

While waiting for the settlement check(s) to come in, we will also be negotiating reductions of your medical bills and other liens to maximize your settlement. If you used health insurance to pay for medical treatment related to your accident, your insurer may have a right to a portion of your settlement as reimbursement. Your lawyer can confirm whether they have this right and if so, they can seek to negotiate down the amount you owe to your insurer.

Conclusion

Navigating a personal injury claim can be challenging, especially if you’re unfamiliar with the legal process. However, understanding the different phases of a personal injury claim can help you feel more prepared and less overwhelmed. Remember, it’s essential to work with an experienced personal injury lawyer who can guide you through each phase of your claim and fight for the compensation you deserve.