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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