Generally, people who are injured due to another person's negligence are entitled to claim reasonable compensation for their injuries from the other party, whose insurance company handles the matter for its customers. Many individuals, however, are unfamiliar with the insurance claims process. This FAQ page provides a helpful overview of the claims process for individuals who suffer accidental injuries, such as automobile, trucking, motorcycle, bus, pedestrian, construction, or premises liability injuries. 1.What is the first step in the claims process?
2.After the claim is opened, what should I do?
3.What is involved in bringing a claim to its conclusion?
4.What would be the "settlement value" for my particular claim?
5.What if I file a claim and do not get a prompt settlement from the insurance company?
6.If I file a lawsuit against the party responsible for the accident, what should I expect?
7.Once I file a lawsuit against the responsible party, does that mean I've lost the opportunity for settlement?
1. What is the first step in the claims process?
A: In most circumstances, a claim begins with a phone call to the at-fault party's insurance company. Typically, the insurance company asks the injured person to provide a recorded or written statement and sign a medical records release. However, at the Law Offices of James S. Sorrels we advise injured individuals to not provide these items to the insurance company due to the tactics and policies insurance companies often employ to protect their own interests. For a discussion on insurance company tactics, please see the Insurance Company Tactics FAQ page. lthough, if the injured person has a source of "first-party" insurance, such as automobile personal injury protection or "PIP," or health insurance to pay for medical bills or lost wages, it may be acceptable to provide a statement and a medical records release to that insurance company. We still want you to be careful though when you do this, because the statement and medical information may be used against you later. The best avenue is to avoid signing anything provided by an insurance company until you have consulted an experienced personal injury lawyer first. For more information on first and third-party coverages, please see the Insurance Coverage FAQ page. TOP 2. After the claim is opened, what should I do?
A: After opening the claim, injured individuals often have many important questions they want answered, such as the following: - What type of medical care should I obtain?
- Should I ask my physicians about diagnostic testing?
- What is the best way to preserve evidence of the facts regarding the incident, such as witness statements and photographs of vehicle damage?
- Should I consult with a personal injury attorney?
At the Law Offices of James S. Sorrels, we believe that people with serious accident injuries should contact an experienced personal injury attorney as soon as possible, because there are several important steps people should take soon after the accident to protect their interests. TOP 3. What is involved in bringing a claim to its conclusion?
A: After some time has passed since the accident, which could be a matter of a few weeks to several months or more, if the injured person has completely recovered, the injured person and his or her attorney would collect the medical records and other important records and documentation as proof of the claim and send them to the at-fault party's insurance company. A settlement proposal or demand, which should include all medical bills, both past and future; lost wages; impairment of earning capacity; reasonable compensation for pain and suffering, disability, and disfigurement; and other items of special and general damages, would be sent over to the insurance company as well. TOP 4. What would be the "settlement value" for my particular claim?
A: The settlement value for a particular claim is determined on a case-by-case basis and depends on a multitude of factors. Contrary to what many people believe, there is no "blue book value" for personal injury claims and there is no standard multiplier to apply to the total value of medical expenses. An experienced personal injury attorney can best determine the appropriate settlement amount you deserve for particular claim. An experienced attorney is also in the best position to present your claim in the most persuasive manner possible. TOP 5. What if I make a claim and do not get a fair settlement offer from the insurance company?
A: If you are unable to get a fair settlement offer from the insurance company after engaging in negotiations with the company, the next step would be to file a lawsuit against the party who caused the injury, referred to as the "defendant" at this point. If you do plan on filing a lawsuit, you should keep in mind that lawsuits must generally be filed within a statutory length of time, known as the "statute of limitations." If the claim is filed beyond the legal time deadline, then the claim is forever time-barred. The statute of limitations for a specific claim depends on the facts and legal theories that are argued and presented. An experienced personal injury lawyer can tell you the statute of limitations on any possible claims you are interested in pursuing. TOP 6. If I file a lawsuit against the party responsible for the accident, what should I
expect?
A: Depending on the identity of the parties and the facts regarding the accident, the lawsuit may be filed in one of the state's superior or district courts or in federal court. In general, the defendant's insurance company will hire a lawyer to defend the lawsuit that you filed, and both sides will then engage in "discovery." Discovery is a process by which the parties gather information before the trial, such as obtaining witness testimony, documents, and other pertinent information. Many courts also have formal events that must occur prior to trial, such as witness disclosures. TOP 7. Once I file a lawsuit against the responsible party, does that mean I've lost the opportunity for settlement?
A: Even though a lawsuit is filed, this does not mean that you lose your chance to have the case settled. In fact, the chance to settle a case remains high even after the lawsuit is filed. Most personal injury lawsuits, approximately 80 percent or more, are settled before trial. With the parties' consent, cases are sometimes settled during meetings or by phone between the parties' lawyers. Other times, cases are settled by mediation, which is a more formal process where a neutral third party, called a mediator, facilitates the process of having the parties reach an agreement. If, however, the parties are still unable to resolve the case by using either of these methods, the parties might agree to use arbitration to resolve the case, which is a process that is more expeditious and less costly than going to trial, but also yields a result that is binding on both parties. However, at the Law Offices of James S. Sorrels, none of this occurs without our client’s express authorization. If you were seriously injured in an accident due to the acts of a negligent or careless party, consult an experienced personal injury attorney to represent you. For more information or to arrange a consultation, contact the Law Offices of James S. Sorrels, located in Edmonds, Washington, for legal assistance.
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