Personal Injury Claims: Insurance, Strategy, and Negotiation Process

Personal Injury Claims

Often times, personal injury claims are handled out of court and without the need for an attorney. Knowing what to do to settle out of court can save you a lot of money over the cost of legal proceedings, hiring an attorney from, and various court costs. Other times, it’s best to get an attorney for larger settlements or when the insurance company isn’t offering you an out of court settlement that’s worth it.

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Let’s take a look at how a personal injury claim works. As soon as you go to the hospital and are treated for a specific injury, you’re legally considered to be “injured”. Because of how the legal system is set up to function, there will need to be legal proof that you’ve actually sustained an injury from a qualified medical professional.

If you decide to settle out of court, the insurance company will have you sign a form that releases them from any liability in court. You’re not allowed to seek financial compensation through the legal system for your injuries after signing the documents the insurance company requests. After this point, you will be provided with compensation for the injury sustained without the need for any legal proceedings.

Usually, an insurance company will try and settle out of court immediately if they’re legally responsible to pay for your injuries. If you decide not to settle out of court, then all treatment that’s the responsibility of the insurance company to pay will be paid by them. A medical authorization form will have to be signed from your insurance company. An insurance company won’t pay the bills until they have this document signed and returned to them. On the other side of the coin, the person who caused your injury will have a medical authorization form sent to you as well, but you don’t have to sign theirs until you’re ready to settle in court.

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The person who caused the accident will have their insurance company represent them, and their insurance company will only pay after you finally settle in court. Insurance companies will pay close attention to your treatment regimen, and anything deemed to be unrelated to your accident injury won’t be paid by them.

Once you’ve received all the treatment that’s appropriate and you’re back to “pre accident” status, you will be asked from the person who is responsible for the accidents insurance company to sign their medical authorization form. You can sign it and return it to them or you can turn in the appropriate medical proof of your treatment just like a lawyer would. Most people decide to sign the medical authorization form that allows the insurance company paying for your treatment the right to review all treatment provided to you in relation to the accident.

It’s the job of the insurance company to compare your injuries to similar cases to come to an award amount. Their first offer will be the lowest amount they believe the jury would award you. Some people have negotiated this amount to a higher figure, but not many.

Once you’ve come to an agreement, the insurance company will send you a settlement of any and all claims form to fill out. After that, payment is issued and the claim is settled. The insurance company will then reimburse you for the medical bills as well.

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