The Personal Injury Claim Process

The process of a personal injury claim for recovering compensation for the damages sustained can be quite long-winded and time-consuming. However, with a Los Angeles auto accident lawyer representing your interests, it will follow a consistent and predictable route.

Filing the claim – The first step after you have sustained an injury or loss is to file a claim with the relevant person. In case of an accident, you may have to fill a form with the insurance company to initiate the formal claim process.

Reservation of rights letter – The insurance company may or may not react to your claim. If it chooses to respond, you will get a letter stating that the insurance company plans to investigate the claim. This is not an acknowledgment of liability and does not provide any indication whether they will actually agree to pay the damages or not.

Demand letter – You have to respond with a detailed demand letter describing what happened in the accident and why the other party is held legally responsible. You will set out the injuries sustained and medical treatment received before itemizing the medical expenses and other costs along with the lost income and your pain and suffering. The total figure will represent the amount of compensation you are demanding from the insurance company.

An initial offer – This is when the claims adjuster enters the picture. He will contact you and may make an initial settlement offer. This is likely to be quite low and may seem totally unacceptable. The adjuster will justify this saying the injuries are not worth the claim amount or may simply deny the claim by pinning the blame on you. Things may get dirty with the insurance company employing deceitful tactics like offering a quick settlement, asking for a recorded statement, requiring you to sign an authorization, claiming low insurance coverage, harassing you or invading your privacy, etc. They may dispute the injuries, need for medical treatment or highlight a lack of evidence to support the accident and/or injuries.

Counter offer – You have to stay firm in the face of the pressure tactics and make a counteroffer stating why the initial offer is unacceptable, yet showing willingness to settle for a slightly reduced compensation.

Final settlement offer – A series of negotiations will continue with each party conceding bit by bit on the compensation amount. Finally, the insurance company may make a final offer signaling the end of the negotiations.

If this is fair, you can accept the settlement and receive the compensation. However, if the offered amount is still too low or unacceptable, the only recourse is to file a lawsuit and go to trial.

An expert Los Angeles auto accident lawyer can prove valuable every step of the way - from determining the dollar amount of damages and negotiating the compensation to deciphering the underhand ploys and collecting evidence to support your claim.