No matter how severe an accident victim's injuries might be, an insurance company is not likely to offer them the money they deserve. Insurance adjusters will look for an excuse to get out of paying a client's bills.
If your insurer has made you an unsatisfactory settlement offer, you should hire an experienced personal injury attorney to negotiate with them on your behalf. A lawyer will have years of experience in dealing with insurance companies.
There are sometimes when two parties simply can't agree and you may have to settle your differences in court. In the unlikely event that you do file a lawsuit, you should be aware of all the steps that you and your attorney will have to take.
Filing a Lawsuit
Before you go to court, your attorney will write a demand letter to your insurance company for the amount of money that you think is fair. The insurance company will either answer the demand or the company and your attorney will make another attempt at negotiating a settlement amount. If they can't come to an agreement, a lawsuit will be filed.
The suit will be filed in civil court. If the claim is for under $10,000, you will go to small claims court. If your claim is over $10,000, you will file your case in superior court.
The paperwork will detail the cost of your medical bills and the amount of money for which you are asking. A server will deliver a summons to the insurance company.
There is likely to be yet another attempt at negotiation. If a settlement is still not agreed upon, the insurance company will file an answer and you will get a court date.
Discovery
According to Dennis Grossman, a lawyer, much of this stage will normally be taken care of before an attorney even agrees to represent you. They will look at all the details of the accident and review all of your bills after your initial consultation. Both sides will have the chance to do extra research at this stage.
Your attorney may use the time to interview witnesses. They may also look for any additional evidence to win your case.
Deposition
A deposition is a recorded statement given under oath by a witness. A deposition is done in some personal injury cases before a trial.
Mediation
You, your attorney, and an objective third party will meet and again try to reach a settlement. The mediator may make suggestions as to what a fair settlement would be, but neither party is under obligation to take those suggestions.
Trial
If you still cannot agree on a settlement, your case will go to trial and a judge or a jury will decide if the insurance company should have to pay the amount you are asking for. If the judgment is not in your favor, you may be able to appeal the case.
95% of all personal injury cases are settled out of court. A trained attorney should be able to get you a fair settlement just by negotiating with the insurance company. However, there are sometimes when you need to tell a judge your story to get real justice.
