Home » Law

Settling Your Personal Injury Claim - The Process

Dec 18, 2007
Once you retain an attorney to represent you in your car accident or other injury case, the process to get to settlement has a number of steps all of which may take from one to two months to run their course.

The lawyer or their staff will first of all make sure the insurance companies and medical providers are notified that you are represented. This means they can no longer contact you directly, but must go through your attorney. Most lawyers in any injury case will counsel you to never talk to the other party's insurance company (known as the adverse) even before you have hired an attorney. Do not agree to any settlement they offer until you find out from a lawyer if it is reasonable given the facts of the incident. If you have a good case, an attorney will be able to get more money for you than you would be able to get on your own.

If you have not finished your medical treatment at the time you retain the lawyer, they or their staff will keep in touch with you throughout your treatment. You should keep them updated and let them know of any major changes which take place during the course of your medical care. They will make sure you understand how any medical treatment will affect your case, and this will help them be prepared when it is time to write up the demand for settlement.

Once you have finished your treatment, the lawyer or their staff will prepare a demand to be sent to the insurance company or other responsible party. This will explain your injuries and will stipulate a fair amount of money for your settlement. You will be able to review the demand and make changes before it is sent. The attorney's percentage as well as other costs are included in the amount the demand requests.

The other party will respond to the demand with an offer of settlement. Your lawyer will let you know what this offer is and will get your approval to accept it. If it is not acceptable to you, your lawyer will negotiate to get you a better settlement. Sometimes this takes a few times going back and forth. Once you have agreed to a settlement, the opposing party will send a check to your attorney, along with a release which states you will not in the future be able to make a claim for this same incident. After the attorney has taken their percentage of the settlement (usually 1/3), as well as other administrative costs, you will be issued a check for the remaining amount. The lawyer will provide you with a settlement statement detailing the settlement and costs.

If an acceptable amount cannot be reached by negotiation in this way, a lawsuit may need to be filed. Your lawyer will explain the benefits and drawbacks of filing suit so you can decide if you wish to proceed. If a lawsuit is filed, you will have to pay a filing fee up front, and if it goes to Mediation or Arbitration, you may also have to pay for those services. Many times the threat of filing suit will get the other party to offer more money, and sometimes even if suit is filed, they may offer an acceptable settlement before it goes any further.
About the Author
Visit http://www.injurylaworegon.com/testimonials.htm to find out more about getting a personal injury claim lawyer in Oregon and Washington state. To find out more about a personal injury claim lawyer in Oregon and Washington state visit my Portland Oregon car crash lawyer website.
Rating:
Please Rate:
(Average: Not rated)
Views: 189
Print Email Report Share
Article Categories
    • Artists
    • Gambling
    • Humanities
    • Humor
    • Movies
    • Music
    • Photography
    • Tattoos
    • Television
    • Classic Cars
    • Motorcycles
    • Recreational Vehicles
    • SUVs
    • Trucks
    • Vans
    • Branding
    • Business Opportunities
    • Careers and Jobs
    • Corporate
    • Customer Service
    • Direct Mail
    • Entrepreneurship
    • Ethics
    • Financing
    • Franchising
    • Home-Based Business
    • Human Resources
    • Import and Export
    • Leadership
    • Management
    • Market Research
    • Marketing and Advertising
    • Negotiation
    • Network Marketing
    • Networking
    • Organizational
    • Presentation
    • Project Management
    • Public Relations
    • Small Business
    • Strategic Planning
    • Team Building
    • Telemarketing
    • Training
    • Data Recovery
    • Databases
    • Games
    • Hardware
    • Networks
    • Operating Systems
    • Programming
    • Security
    • Software
    • Spyware and Viruses
    • Ask an Expert
    • College and University
    • Home Schooling
    • K-12
    • Languages
    • Online Education
    • Psychology
    • Accounting
    • Credit
    • Currency Trading
    • Debt Consolidation
    • Insurance
    • Investing
    • Leasing
    • Loans
    • Mortgage
    • Mutual Funds
    • Personal Finance
    • Stock Market
    • Structured Settlements
    • Taxes
    • Wealth Building
    • Coffee
    • Cooking
    • Gourmet
    • Recipes
    • Wine and Spirits
    • Acne
    • Aerobics
    • Alternative Medicine
    • Beauty
    • Cancer
    • Cosmetics
    • Depression
    • Diabetes
    • Diseases and Conditions
    • Fitness Equipment
    • Fitness
    • Hair Loss
    • Heart Disease
    • Medicine
    • Men's Health
    • Muscle Building
    • Nutrition
    • Skin Care
    • Supplements and Vitamins
    • Weight Loss
    • Women's Health
    • Yoga
    • Arts and Crafts
    • Babies
    • Collecting
    • Elderly Care
    • Genealogy
    • Hobbies
    • Parenting
    • Pets
    • Pregnancy
    • Woodworking
    • Feng Shui
    • Gardening
    • Home Appliances
    • Home Security
    • Interior Design
    • Landscaping
    • Affiliate Programs
    • Article Marketing
    • Auctions
    • Audio
    • Banner Advertising
    • Blogging
    • Broadband
    • Domain Names
    • E-Books
    • E-Commerce
    • Email Marketing
    • Ezines and Newsletters
    • Forums
    • Internet Marketing
    • Link Popularity
    • Pay-Per-Click
    • Podcasting
    • RSS
    • Search Engine Marketing
    • Search Engine Optimization
    • Security
    • Social Media
    • Spam
    • Video
    • Viral Marketing
    • Web Design
    • Web Development
    • Web Hosting
    • Buying
    • Selling
    • Baseball
    • Basketball
    • Boating
    • Cycling
    • Extreme Sports
    • Fishing
    • Football
    • Golf
    • Hockey
    • Hunting
    • Martial Arts
    • Running
    • Scuba Diving
    • Soccer
    • Swimming
    • Tennis
    • Dating
    • Divorce
    • Marriage
    • Weddings
    • Astrology
    • Buddhism
    • Christianity
    • Faith
    • Hinduism
    • Islam
    • Judaism
    • Meditation
    • Metaphysical
    • New Age
    • Cable and Satellite TV
    • Cell Phones
    • Communication
    • Gadgets and Gizmos
    • GPS
    • Satellite Radio
    • Video Conferencing
    • VoIP
    • Addictions
    • Coaching
    • Goal Setting
    • Motivational
    • Stress Management
    • Time Management
    • Clothing
    • Electronics
    • Fashion
    • Gifts
    • Jewelry
    • Causes and Organizations
    • Environment
    • History
    • Holidays
    • Men's Issues
    • Nature
    • Philosophy
    • Politics
    • Women's Issues
    • World Affairs
    • Air Travel
    • Camping
    • Cruises
    • Destinations
    • Outdoors
    • Article Writing
    • Book Reviews
    • Copywriting
    • Fiction
    • Non-Fiction
    • Poetry
    • Quotes
    • Screenplay
    • Tools and Resources