What Is the Process for Settling a Personal Injury Case?

Опубликовано: 24 Февраль 2025
на канале: Shapiro, Washburn & Sharp Personal Injury Lawyers (All We Do is Injury Law)

46,453

Personal injury lawyers bombard consumers on TV and the internet. But how do you figure out who should be your personal injury law firm? Reputation matters. Our law firm has practiced only injury law since 1985 and has earned over $100 million in injury verdicts and settlements.

When you’ve been injured in an accident caused by someone else, you want a lawyer who is experienced and skilled in personal injury law advocating for you. At Shapiro, Washburn & Sharp, we can help you assess your claim and guide you through the legal process to ensure you receive the compensation you deserve. Call us today at 833-997-1774 for a free consultation.

What Are the First Steps a Lawyer Takes After Being Hired for an Accident Claim?

Once hired, the personal injury lawyer begins with an initial investigation and case assessment. This step involves gathering crucial information, including:

Client consultation: The attorney discusses the accident, injuries, and damages with the client to understand the case details and objectives.
Evidence collection: They collect all relevant evidence, such as police reports, medical records, photographs, witness statements, and any video footage of the incident.
Liability analysis: Determining who is at fault for the accident is a critical step. This involves reviewing traffic laws, accident reports, and any contributory negligence factors.
Insurance policy review: The lawyer examines the client's and the at-fault party's insurance policies to identify coverage limits and applicable provisions.

This foundational work ensures the lawyer has a solid understanding of the case before engaging with the insurance company.

How Does an Attorney Initiate Negotiations With the Insurance Company?

The negotiation process begins once the personal injury lawyer has a complete picture of the damages and liability. Key steps include:

Submitting a demand letter: The lawyer drafts a comprehensive demand letter to the insurance company. This letter outlines the details of the accident, establishes the at-fault party’s liability, describes the client’s injuries, and includes a demand for compensation. The demand typically reflects medical expenses, lost wages, pain and suffering, and other damages.
Responding to the insurer’s counteroffers: Insurance adjusters rarely agree to the initial demand. Instead, they offer a lower settlement amount. The lawyer reviews the counteroffer, compares it to the client’s damages, and continues negotiating for a fair settlement.
Using evidence strategically: During negotiations, the attorney uses evidence to strengthen the case, such as highlighting medical diagnoses or witness accounts that support the claim.

This phase requires persistence and skill as the lawyer works to maximize the settlement without prematurely accepting an undervalued offer.

What Happens If the Insurance Company Disputes the Claim?

Disputes are common, and lawyers are prepared to address them. If the insurer challenges liability, damages, or the settlement amount, the attorney may take the following steps:

Presenting expert opinions: In complex cases, lawyers may work with medical, engineering, or accident reconstruction experts to counter the insurer’s claims.
Negotiating further: Even amid disputes, lawyers continue pushing for a resolution by presenting additional evidence or framing arguments highlighting the insurer’s potential exposure if the case goes to trial.
Preparing for litigation: If negotiations stall or the insurer acts in bad faith, the lawyer may prepare to file a lawsuit. This involves drafting a complaint, serving the defendant, and starting the discovery process.

While most claims settle out of court, the threat of litigation often motivates insurers to offer fairer settlements.

By guiding clients through each phase with expertise and diligence, lawyers help ensure accident victims receive fair compensation for their losses.

What Should I Do If I’ve Been Injured in an Accident?

If you’ve been injured due to someone else’s negligence, the first step is to seek medical treatment. Once your immediate needs are addressed, contact an attorney specializing in personal injury cases to discuss your options.

At Shapiro, Washburn & Sharp, we have decades of experience handling personal injury claims. We understand how to navigate the legal process and work with you to maximize the value of your case. Call us at 833-997-1774 to schedule a free consultation, and let us help you get the compensation you deserve.

Learn more at https://www.hsinjurylaw.com.