Page 21 - Chris Book.docx

Chapter 7: What Can I Expect to Happen When Making an Injury
Claim?
Making an injury claim is a serious and complicated task. An

experienced attorney understands the nuances and the importance of
collecting the appropriate information, knows how to communicate with

the insurance company, and understands the present and future
implications of any settlement discussions. If you do end up making a
personal injury claim, the following should shed some light on the process

and what you can do to be proactive.
Gather Necessary Documentation. It is very important to have
all your evidence ready before you attempt to settle an automobile accident

claim. Make sure you have all photographs or documents that you think
may be relevant to your case. Save all medical bills related to your case,
including prescriptions. Once you have either finished treatment or have

reached maximum medical improvement (meaning, from a medical
standpoint, your condition has improved as much as it will likely improve),

your attorney will gather all of your evidence, medical records, and
medical bills and forward a “settlement demand” to the insurer or at fault
party. The settlement demand speaks volumes about a client or attorney’s

abilities to pursue the claim should the case require a lawsuit. A poorly
drafted demand with little documentation tells the claims adjuster that the

attorney (or client) is not serious about the claim and/or is either not
prepared or not a real “trial lawyer.” A well-drafted, well-worded
settlement demand, with organized documentation lets the adjuster know,

“If we don’t pay what this claim is worth, this attorney is going to file a
lawsuit. We might as well go ahead and pay up now.”
The following is a checklist of examples of documentation that

should be gathered on behalf of the client prior to engaging in settlement
discussions with an insurance company:

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