Personal injury claim follows a pattern to settlement or trial

Personal injury claim follows a pattern to settlement or trial

Innocent victims of car accidents in Georgia are generally entitled to collect monetary compensation for injuries suffered from the negligence of one or more drivers who caused the accident. Some highlights of the settlement procedure are outlined below, but one should be cautioned that a claim can only be properly managed by an experienced personal injury attorney. Many things can go wrong when one is unrepresented, including the prospect of receiving a “lowball” or “nuisance” settlement from the insurer.

Another mishap may occur by neglecting to pursue all available sources of insurance that may be available. Furthermore, if the case contains legal complexities, a layperson will likely be confused and even misdirected into a quick settlement for a greatly reduced value. The matter is started by submitting a claim to the insurer for the tortfeasor.  The company sends a response back and assigns a claim number, which remains with the case until it is settled.

After these preliminaries, the attorney will obtain a copy of the police report and any investigative reports. The accumulation of hospital and medical records will also begin. The attorney will forward copies of the medical information to the insurance adjuster as the records are received. Sometimes, a set of all records, including employment, lost wages, lost earning capacity reports, medical records and doctors’ evaluations will all be sent in the form of a settlement package. The settlement package is usually a recommended stimulus to a settlement.

It is akin to a narrative nonfiction portrayal of the accident and the wide scope of costs and suffering to the injured party. The package helps the claimant’s attorney to organize and better grasp the totality of the personal injury claim and to be better prepared in the event of a trial. It helps the insurer to have all of the documents in one place and to view in detail exactly what the claimant’s injuries entail. The claim will settle when the claimant and the attorney agree that the offer made is reasonable and realistic. In Georgia and elsewhere, a general release and  final settlement agreement will conclude the matter.

Get in Touch

Free Consultation