How Are Personal Injury Cases Handled?

In the universe of personal injury cases, motor vehicle accidents or MVAs are probably the most common, so let’s use MVAs to discuss how personal injury cases are typically handled.

Step 1 – I speak with the client and find out how the accident happened, who may have witnessed it, and the extent of any injuries claimed – including physical injuries, emotional injuries, and lost wages or other economic losses arising out of the accident.

Step 2 – I order the police report of the accident if there is one to confirm whether or not the client has a viable claim.

Step 3 – I order all the medical records and bills for any accident-related treatment.

Step 4 – If an insurance company is paying some or all of the accident-related medical bills, I identify whether or not the insurance company has a potential right of reimbursement.

Step 5 – I put the other driver’s liability carrier on notice of the potential claim.

Step 6 – If necessary for reasons of med pay or uninsured/underinsured motorist coverages on the client’s auto policy, I put the client’s insurance company on notice of a potential claim.

Step 7 – I monitor the client’s medical treatment and guide them through that process when necessary, until such time as they have reached “maximal medical improvement”.

Step 8 – Once maximal medical improvement is reached, I assess the value of the client’s claim and prepare a demand for settlement.

Step 9 – Once the demand for settlement is sent, I enter into settlement negotiations until the case is either settled or we reach an impasse.

Step 10 – Once I’ve concluded that further settlement negotiations would be futile, a lawsuit is filed.


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