The idea of retaining personal injury attorney services often makes people worried that they'll have to take a case all the way to trial. No personal injury attorney can assure that it won't come to that, but the odds are high that you won't end up going to court. About 95% of cases don't go to trial. Let's look at what's likely to happen.
Filing a Claim
Even if a client insists on taking a defendant to trial, the courts expect a good faith effort from both parties to try to resolve the matter. That means the first thing you should do once you've determined you have the right to compensation is to notify the potential defendant of your intentions to file a claim. If there are certain forms of evidence you might need them to retain, such as surveillance camera footage from a store in a slip-and-fall case, they should be informed of the need to secure and preserve those items.
This stops the clock on any requirements for filing deadlines, which are usually two to three years after incidents have occurred. Your personal injury attorney will usually include an outline of the ways you were harmed, and they will include a demand for a specific amount of compensation.
Assessing the Claim
Most claims will be processed by insurance companies, although some individuals and businesses may be self-insuring. When an insurance carrier reviews a claim, they appoint an adjuster. This is a professional whose job breaks into two key components. First, they will assess if the claim is valid. Second, if there is a valid claim, they will make a settlement offer.
Your personal injury attorney has a legal duty to inform you of all offers. They will then tell you whether, in their opinion, they think you should take it. If a claim is rejected, you won't have much in the way of options except to sue.
Negotiation
Presuming you don't take the offer and haven't proceeded to sue, a negotiation will take place. Your lawyer will make a counteroffer, and the insurance carrier might counter. If the back-and-forth eventually gets you to a settlement, then arrangements will be made to pay. Depending upon the size of the settlement, it might be offered as a lump sum or as a series of payments.
Suing
If all else fails, you can take the insurance company to court. Discovery will ensure, forcing the other side to disclose any evidence they have. Negotiations are still possible at this point, but eventually, there will be a court hearing if the matter isn't resolved.
To learn more, contact a personal injury attorney.
