The Basic Steps In How A Personal Injury Claim Is Settled

8 July 2016
 Categories: Law, Blog


If you have been injured due to the fault of another party, then you may have sought to file a personal injury claim. When you have done this, it's important to have a personal injury lawyer by your side who can help you settle on the right settlement offer provided by the insurance adjustor. Without a personal injury lawyer, your case can become complicated and confusing, which most often leads to people going to court to resolve the matter. The problem with this is that the court process is lengthy and often unnecessary. Here are the basic steps in how you and your personal injury lawyer can settle your claim:

  • Write a Demand Letter: The first thing that needs to be done is sending out a demand letter. In this letter, you will explain your injuries, the medical costs you have endured, as well as the amount you would like from the insurance company. Your lawyer can help you determine what this amount should be. It should also be the highest amount you are willing to accept. This way, when the insurance adjuster comes back with a lower settlement amount, it is still close to an amount you are willing to accept. 
  • Respond to the Argument: Once the insurance adjuster has received your demand letter, they will most likely respond with an argument as to why the amount you want is too high. For example, they may say that some of your medical treatments were unnecessary in this case. In your response to this, you will want your personal injury lawyer to gather facts and evidence that claim otherwise to ensure that the insurance adjuster is more willing to provide you with a higher settlement offer. 
  • Accept or Provide Counter Offer: Once the adjuster receives your response to their arguments, they will likely ask for you to accept a small amount that may be much less than what you originally wanted. In this case, you can provide a counter offer that is higher, but still lower than the original amount you asked for. If the amount that they agree on is still within the range of amounts that you are willing to accept, then you may just want to accept in order to settle the case instead of having it drag on and potentially go to court.

When you know the steps of how a personal injury claim is settled, you can see why having a personal injury lawyer by your side is helpful. This way, you are negotiating in the most strategic way in order to receive a settlement amount that you are happiest with. For more information, visit websites like