Personal injury accidents may happen frequently, but that doesn’t mean they always happen to you. If you’ve never been involved in a serious car or trucking accident caused by the other driver, or have never taken a devastatingly hard fall on someone else’s property, or haven’t had a child suffer the harm of improper care at a daycare facility, then you aren’t going to know what to expect of the process should that moment ever arrive. So we’ve compiled a list of questions we frequently get asked about how the process of a personal injury claim works.
Q: What is a personal injury claim?
A: Personal injury cases are legal disputes that arise when a person suffers injury and other harm in an accident that was caused by another person or entity. Usually, the responsible party’s insurance company will pay money to the injured victim for their medical bills, pain and suffering, lost wages, and more in some cases. Filing a claim means opening a case with the insurance company that we have deemed responsible for paying you the compensation you deserve.
Q: Is a claim different from a lawsuit?
A: Yes, a claim is the first step in the process, whereby your legal team brings the matter up directly with the insurance company. If for some reason the insurance company refuses to offer fair compensation or accept any liability for your injuries, then a civil lawsuit can be filed to take the case to a court of law.
Q: How do I know if I can legally file a claim?
A: The best way to determine if you have the proper grounds to file a claim or a lawsuit is to seek the advice of a personal injury attorney who is specifically experienced with winning cases similar to yours.
Q: What happens after I hire a lawyer to help me with my claim?
A: When you hire Finney Injury Law to represent you, first you will sign a contract with our firm, as well as HIPPA and HITECH release forms, which allow us to request medical records and bills on your behalf. Once that’s done, the next step is for you to focus on getting yourself well. While you’re going through the treatments prescribed by your doctor, we’ll be working on opening insurance claims on your behalf, as well as sending letters of representation to your medical and insurance providers. We’ll also start gathering evidence in relation to your accident. We want to do all the legal heavy lifting for you so that you can keep 100% of your focus on getting healthy again.
Q: What happens after my treatment is complete?
A: Once your treatment is largely finished, we will collect all the final medical records and bills from your treatment providers so that we can move into the phase of making an official demand for settlement to the insurance agency on your behalf. From there, negotiations between our team and the insurance company will likely begin. This process can sometimes be lengthy, especially if the insurance company is being less-than-forthcoming about their client’s responsibility for the accident or with how much they agree to settle for.
Q: What will be required of me during negotiations?
A: In truth, not much! It’s our job to take care of going back and forth with the insurance company about a fair settlement on your behalf. By and large, you will not need to participate in those discussions, but we do want you to be readily available to our team should the process reveal the need for more information from you. And of course, we’ll be updating you thoroughly on the progression of negotiations every step of the way.
Most personal injury claims are resolved during this negotiation process by way of a settlement. When settlement offers are made by the insurance company, we will always let you know what they are, and our honest opinions about them. We will never accept or deny any settlement offer without consulting you first. In the end, it’s always your decision whether or not you would like to take a settlement offer, or keep on trying to negotiate for more.
Q: What happens after a settlement is reached?
A: When a final settlement amount is accepted, the opposing insurance company will issue a check for the full agreed-upon amount made out to Finney Injury Law. From that amount, our firm makes any and all outstanding payments for expenses and liens accumulated during the process of building and presenting your case. This includes our team’s legal fees as well, which are always paid on contingency. Once those have been paid, the remaining amount is distributed to you via a new check, and your case is officially closed.
Q: What happens if a settlement can’t be reached?
A: In the case that a fair settlement can’t be agreed upon, we have the option to file a lawsuit in the civil court system against the negligent party on your behalf. Once that’s filed, we begin the process of preparing to present your case in a court of law before a judge and a jury. We will spend adequate time preparing you for court, which you will be required to attend. We’ll do our best to educate you about the process, what to expect, and what the potential outcome may be.
Q: What does the civil lawsuit process consist of?
A: First, our team files an official complaint with the county that outlines the case. The defendant will then file their answer to our claims. If the court accepts the lawsuit, then both the plaintiff’s team and the defendant’s team begin what is called the discovery process, or will spend time collecting evidence, interviewing relevant parties in depositions, and sharing them with the other legal party. When discovery is complete, the trial can officially begin. Both sides will present their evidence and witnesses so a jury of your peers can decide fault, judgment, or verdict (a monetary amount awarded to you, the plaintiff). Whatever the outcome, the defeated party has the right to appeal a judgment or verdict to a higher court. Once all appeals are exhausted, your case will finally have come to its end.
Personal injury accidents may happen frequently, but that doesn’t mean they always happen to you. If you’ve never been involved in a serious car or trucking accident caused by the other driver, or have never taken a devastatingly hard fall on someone else’s property, or haven’t had a child suffer the harm of improper care at a daycare facility, then you aren’t going to know what to expect of the process should that moment ever arrive. So we’ve compiled a list of questions we frequently get asked about how the process of a personal injury claim works.
Q: What is a personal injury claim?
A: Personal injury cases are legal disputes that arise when a person suffers injury and other harm in an accident that was caused by another person or entity. Usually, the responsible party’s insurance company will pay money to the injured victim for their medical bills, pain and suffering, lost wages, and more in some cases. Filing a claim means opening a case with the insurance company that we have deemed responsible for paying you the compensation you deserve.
Q: Is a claim different from a lawsuit?
A: Yes, a claim is the first step in the process, whereby your legal team brings the matter up directly with the insurance company. If for some reason the insurance company refuses to offer fair compensation or accept any liability for your injuries, then a civil lawsuit can be filed to take the case to a court of law.
Q: How do I know if I can legally file a claim?
A: The best way to determine if you have the proper grounds to file a claim or a lawsuit is to seek the advice of a personal injury attorney who is specifically experienced with winning cases similar to yours.
Q: What happens after I hire a lawyer to help me with my claim?
A: When you hire Finney Injury Law to represent you, first you will sign a contract with our firm, as well as HIPPA and HITECH release forms, which allow us to request medical records and bills on your behalf. Once that’s done, the next step is for you to focus on getting yourself well. While you’re going through the treatments prescribed by your doctor, we’ll be working on opening insurance claims on your behalf, as well as sending letters of representation to your medical and insurance providers. We’ll also start gathering evidence in relation to your accident. We want to do all the legal heavy lifting for you so that you can keep 100% of your focus on getting healthy again.
Q: What happens after my treatment is complete?
A: Once your treatment is largely finished, we will collect all the final medical records and bills from your treatment providers so that we can move into the phase of making an official demand for settlement to the insurance agency on your behalf. From there, negotiations between our team and the insurance company will likely begin. This process can sometimes be lengthy, especially if the insurance company is being less-than-forthcoming about their client’s responsibility for the accident or with how much they agree to settle for.
Q: What will be required of me during negotiations?
A: In truth, not much! It’s our job to take care of going back and forth with the insurance company about a fair settlement on your behalf. By and large, you will not need to participate in those discussions, but we do want you to be readily available to our team should the process reveal the need for more information from you. And of course, we’ll be updating you thoroughly on the progression of negotiations every step of the way.
Most personal injury claims are resolved during this negotiation process by way of a settlement. When settlement offers are made by the insurance company, we will always let you know what they are, and our honest opinions about them. We will never accept or deny any settlement offer without consulting you first. In the end, it’s always your decision whether or not you would like to take a settlement offer, or keep on trying to negotiate for more.
Q: What happens after a settlement is reached?
A: When a final settlement amount is accepted, the opposing insurance company will issue a check for the full agreed-upon amount made out to Finney Injury Law. From that amount, our firm makes any and all outstanding payments for expenses and liens accumulated during the process of building and presenting your case. This includes our team’s legal fees as well, which are always paid on contingency. Once those have been paid, the remaining amount is distributed to you via a new check, and your case is officially closed.
Q: What happens if a settlement can’t be reached?
A: In the case that a fair settlement can’t be agreed upon, we have the option to file a lawsuit in the civil court system against the negligent party on your behalf. Once that’s filed, we begin the process of preparing to present your case in a court of law before a judge and a jury. We will spend adequate time preparing you for court, which you will be required to attend. We’ll do our best to educate you about the process, what to expect, and what the potential outcome may be.
Q: What does the civil lawsuit process consist of?
A: First, our team files an official complaint with the county that outlines the case. The defendant will then file their answer to our claims. If the court accepts the lawsuit, then both the plaintiff’s team and the defendant’s team begin what is called the discovery process, or will spend time collecting evidence, interviewing relevant parties in depositions, and sharing them with the other legal party. When discovery is complete, the trial can officially begin. Both sides will present their evidence and witnesses so a jury of your peers can decide fault, judgment, or verdict (a monetary amount awarded to you, the plaintiff). Whatever the outcome, the defeated party has the right to appeal a judgment or verdict to a higher court. Once all appeals are exhausted, your case will finally have come to its end.