Law Office of Christopher W. Caine.

What Can I Expect From The Other Side After An Injury Claim Is Filed?


When a claim is filed, the insurance company starts investigating the facts. The defendant driver’s insurance company, if there is insurance involved, is going to negotiate with the plaintiff’s attorneys to try to reach a settlement.

The plaintiff is probably treating with a doctor or a chiropractor or doing physical therapy. They may have been to the emergency room or urgent care. Once the medical records are gathered by the defendant drivers’ insurance adjuster and the plaintiffs’ attorney they are reviewed and the two sides begin to talk about settlement based upon the injuries (damages). If the parties cannot reach an agreement, then the plaintiffs’ attorney may file a complaint which will force the insurance company to trial. During this phase, if a complaint has been filed, the parties continue the negotiation process. If the parties can negotiate a reasonable settlement, then there is no trial. If the parties cannot reach agreement, then there will be a trial and the jury will determine the amount of damages to be awarded.

What Factors Can Cause A Personal Injury Case To Be Litigated?

Factors that can cause a personal injury case to be litigated include; if the Plaintiff requests more than the Defendants’ insurance company side is willing to give, if the Defendants’ insurance adjuster does not believe that the Plaintiff has not been injured as badly as the Plaintiffs’ attorney says they have, if the parties cannot reach a settlement, or if the Defendants’ insurance adjuster is not willing to offer reasonable compensation to the Plaintiff

How Does Going To Trial Impact The Cost Involved In The Personal Injury Claims Process?

Clearly, going to trial is going to increase the costs and the expenses in a personal injury action. With personal injury actions, the attorney fees are contingent. This means that the attorney fees and costs for expert witnesses and other costs are borne by the attorney. If the client recovers money for injuries (damages) at trial, then the attorneys are paid out of whatever the client recovers. If the client doesn’t recover, then the attorneys aren’t paid.

How Long Does It Take The Plaintiff To Receive Funds After A Settlement Is Reached?

How long it takes for the plaintiff to receive funds after a settlement is reached depends. It depends upon how long the insurance company takes to issue a check to the Plaintiffs’ attorney. Some insurance companies pay quickly once a settlement is reached, others take more time. It all depends.

For more information on Aftermath Of Filing An Injury Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (520) 360-4292 today.

Chris Caine, Esq.

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(520) 389-5634

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