Steps of an Injury Claim Process

We put PERSONAL back Into Personal Injury Law

Steps of an Injury Claim Process

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Personal Injury Roadmap

Getting hurt in an accident while driving can turn anyone’s world upside down.  The immediate pain and suffering sustained from the accident would be more than enough for anyone to bear.  That is why we are here, so you do not have to go at it alone.  The journey from beginning to end can be frustrating if you are trying to do it without the assistance of experienced professionals.  Your focus should be getting better, not having to deal with the added stress of going back and forth with the insurance company.  We want to show step by step the processes of a personal injury case, so that you may understand the severity of not doing this journey alone.

Step 1: ENGAGE US AND SEEK MEDICAL TREATMENT: Let’s get you started on the path to get well!  After your accident, one of the most important things to do immediately is seek medical treatment for your injuries.  Worried you cannot get medical treatment because you do not have health insurance or cannot afford your deductible or co-pays?  No need to fret, we can get you into a medical provider who will treat you under an LOP.  An LOP (Letter of Protection) is a document we send the medical provider that guarantees we will pay them out of your eventual settlement.  Treating with an LOP provider ensures you will not have to make payments while you treat with them, nor will they send you to collections while you are treating and your case is being settled.  Additionally, LOP providers can often get you in for treatment the same day, enabling you to get on the path to recovery quicker.

Step 2:   WE INVESTIGATE: Detective time!  During this stage, our firm gets really down to business and starts investigating your case.  After sending an LOR (Letter of Representation) to the necessary insurance companies, we will work on getting the at-fault driver’s insurance to accept liability for the accident.  It is important to get liability accepted so we can ensure the at-fault driver’s insurance handles your property damage and, once you are done treating for your injuries, compensates you for your injuries.  Additionally, we will be following up with you for any photos you have of your injuries and property damage, lost wage information and any other evidence you may have.  Further, if you have any providers that you have completed medical treatment with, such as the hospital or an urgent care facility, we will request those medical records and bills.

Step 3: CONTINUE TREATMENT: Getting better!  Now that you have started treatment with a medical provider you are on the path to recovery.  At this time, it is important to be consistent with your treatment and not miss appointments, not only so you can continue feeling better, but so the insurance company will take your injuries just as serious as we do.  We understand that the pain is probably worse than when the accident happened, and often treatment hurts before you feel better, but stick with it and inform your doctors (and us!) of any symptoms or concerns you may have.   During this stage of your case, we will check in with you on a regular basis to ensure you are progressively feeling better.

Step 4: FINISHED WITH TREATMENT: Congratulations, you are finally feeling better!   After all of your treating doctors have released you from their care, we will work on collecting and reviewing your medical records and bills in preparation to send a settlement demand to the insurance company.  At this time, we will also ask you for any information we may still be missing from you, as well as updated injury photos and details on anything that you may still be having a hard time with.  While the goal is to get you back to your pre-accident health, many clients still have some residual symptoms after being released from care and it is extremely important that we know about these so we can make sure they are taken into consideration when negotiating with the insurance company.

Step 5: WE BUILD YOUR CASE: Let us tell your story!  Now that you have completed treatment and we have all the necessary evidence to send a settlement demand to the insurance company, we write a very detailed demand letter that tells your story.  We start with how the accident happened, what you felt in the immediate aftermath, outline your medical care and expenses, and close with details we have gotten from you about how the accident impacted your life.  Our settlement demand includes both our detailed demand letter and all of the supporting evidence we have collected throughout your case.  Some of the evidence we include is: police reports, vehicle photos, injury photos, medical records and bills, and lost wage information.

Stage 6: DEMAND OFFER FOR YOUR CASE: AND OFF IT GOES!  The settlement demand has been sent off to the insurance company and they are reviewing everything we have sent to them so they can contact us with an offer on your case.  The amount of time it takes them to evaluate the case depends on a variety of factors, but we push them to get us an answer as soon as possible.

Stage 7:  THE NEGOTIATION: We fight for you!  After the insurance company completes their evaluation, they contact us to provide us with their initial offer.  After discussing that offer with them and making sure they have considered everything that they should, we will contact you to let you know what their initial offer is and get your permission to take the gloves off and argue with the insurance company to get you the best possible settlement.  Similar to when you buy a vehicle, we may go back and forth with the insurance company several times with them making offers and us countering with a demand figure.  We will keep you informed of increased offers along the way and push to get the insurance company to the best top (final) offer possible.

Stage 8: FINAL OFFER: To accept or file suit?  That is the question we are faced with now that we have received a final offer from the insurance company.  Once we have received that final offer from the insurance company, our team of experts will thoroughly evaluate your case to determine what is in your best interest – accepting the offer or moving forward with filing a lawsuit. It is always your final decision, but we give you our best advice to consider. Often, we have argued with the insurance company and gotten them to a fair offer that we will recommend you accept. However, if we feel the insurance company is not offering fair compensation for your injuries, we will discuss the ins and outs of litigating your case so you may make an informed decision on how you would like to proceed. If a decision is made to litigate your case, our Firm will begin making the necessary steps to prepare your case to file a lawsuit. 

Stage 9:  YOU GET PAID!: Getting your money! The decision is made to settle your case for the final offer the insurance company presented.  We will work on collecting that settlement from them and negotiating any liens you may have, as well as seeking reductions of your medical bills with any of your LOP medical providers.  Once that is done, we will provide you with copies of any liens or bills we paid, as well as the best part – your settlement check! 

 

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