Personal Injury Claims: How to Prepare and How We Help

By Hampton Pigott Staff
Posted on 12-1-2024

By now, your Hampton & Pigott attorneys are already by your side, guiding you through each step of the way. Our goal is to lead you to peace of mind. Last month’s article discussed the beginning of this process; now, we’ll explain how you’ll cross the finish line.

File Your Claim with the Insurance Company

As your personal injury attorney, we typically initiate the claim by notifying the at-fault party’s insurance company. The insurance company will investigate the claim and may request additional information. Be prepared to answer questions or provide further documentation as mentioned in the last article to validate your claim.

When communicating with the insurance company, we advise caution, especially if your attorney is not present:

• Limit Conversations: Avoid discussing your case without your attorney. Insurance adjusters may attempt to obtain statements that could reduce their liability.
• Avoid Quick Settlements: Initial settlement offers are often low. Patience and negotiation can yield a fairer outcome.

Establish the Value of Your Claim

Personal injury claims cover various losses, and it’s crucial to accurately calculate the compensation you deserve. Common damages include:

• Medical Expenses: Covering current and future costs for treatments, surgeries, medications, and rehabilitation.
• Lost Wages: Compensation for time away from work due to injury.
• Pain and Suffering: Non-economic damages for physical and emotional distress.
• Loss of Enjoyment: Compensation for the inability to participate in activities you once enjoyed.

Calculating damages requires documentation, expert evaluations, and legal expertise, all of which your attorney will help organize to maximize your claim.

Prepare for Negotiations and Possible Litigation

Once your claim has been evaluated, the negotiation phase begins. Most cases settle out of court, but preparation for trial is critical, as the potential for litigation often motivates fairer settlement offers.

Before negotiations, we will prepare you because the insurance company may:

• Challenge Your Claim: Insurance adjusters may question the severity of your injury or the extent of your losses.
• Offer Low Settlements: Initial offers might not cover all expenses. Work with your attorney to establish the minimum acceptable compensation.

If a settlement cannot be reached, your case may proceed to trial. Your att