The injury claim process has many steps, too many to list here, therefore we will present a general overview. Your personal injury lawyer will be able to provide you with more details as your case progresses.

The first step is notifying the faulty driver’s insurance company that you are presenting a claim. Do not do this before speaking with a lawyer. 

After you have retained a lawyer, he or she will be speaking to the faulty driver’s insurance company, or their lawyer, on your behalf. One of the first things your lawyer will do is request relevant information in your case, most of this information will be medical and financial in nature but information about the other driver, his or her insurance details and the details of the accident are also necessary. 

Once the essential information is gathered, the lawsuit is filed in court within the time limits. After this is done, the other driver is notified that you have filed a claim against him or her and they notify their insurance company. The faulty driver’s insurance company usually then appoints a lawyer to defend the claim against its driver.

The insurance company, through its lawyer, may wish to have settlement discussions at this point. Whether or not your case is ready to settle depends on factors, which include your progress since the initial injury and what your doctors are saying about your condition. 

If your case is not ready to settle at this point or if the insurance company does not want to pay you what your case is worth, an Examination for Discovery (discovery) will likely be set up. A discovery is a procedure where the insurance company’s lawyer will question you on your claim. Your lawyer will be present during the discovery and will protect your rights. Your lawyer will also be questioning the person named as defendant in your lawsuit.

After the discovery, more evidence is gathered and your lawyer may wish to hire experts to give an opinion about how your injuries will affect you in the future. There can also be settlement discussions at this point. 

Experience tells us that insurance companied get serious about negotiating a settlement when you are serious about your case and get ready for trial. An experienced personal injury lawyer will look to get your case ready for trial to achieve the maximum settlement.