Investigation – Personal Injury Process Pt. 2

Posted on Tuesday, June 16th, 2020 at 3:54 am    

When a person is involved in an accident, they may be left confused about what happens next. In tort principles a person injured due to the negligence of another person is entitled to compensation for damages. It is important to understand the personal injury case process to decide whether to settle or pursue trial. This article will discuss the personal injury investigation and negotiation process to determine whether to settle or sue the responsible party.

Insurance Company’s and Lawyer’s Investigation

After the claim is filed the insurance company will conduct an investigation. Such an investigation looks at:

  • the underlying cause of the accident,
  • which party is responsible for the accident or if both parties are

At the same time, the victim’s personal injury attorney may be working on their own investigation. This is to compile evidence to help strengthen and prove the victim’s claims. This includes taking pictures of the accident scene and documenting the victim’s injuries.


At some point they may be need for negotiation. When this occurs the victim’s personal injury lawyer negotiates with the defendant or his or her insurance company.

The personal injury attorney handles all communication between the victim and the defendant. This is done by way of the attorney sending a demand letter stating to the defendant or their representatives. The demand letter states the reasons why the accident victim has a right to compensation. This letter may specify the circumstances of the accident and provide details about the victim’s injuries. It may also specify a particular amount of damages that the victim is requesting.

Thereafter, the insurance company or defendant representative may respond to the demand letter by making a counter offer. This offer may be further negotiated or rejected. If accepted then the case is settled. However, if the negotiations do not resolve the case the victim may decide to file a lawsuit. This process starts a court trial. The plaintiff lawyer files a complaint in court and the defendant has to respond to this. However, it is possible during trial for a settlement to be negotiated and accepted; closing the case.



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