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Understanding the Personal Injury Case; The Insurance Claim

Almost all personal injury claims (car accidents, slip and fall, falling merchandise) beging with an insurance claim.  During that part of the case, you and your lawyer have several jobs.

First, it is important to complete a full investigation of the accident, gather facts (witness statements, photos, etc.).  Often some of this information disappears, so it is key to begin the investigation early.  Please refer to our other Blogs on your role in the investigation, and what you can do at the scene to help gather and preserve key facts.

In this early phase, it is also important for you to keep all of your medical appointments, and keep your lawyer advised of your status.

During this early phase, your lawyer should also reach out to open claims with all of the insurance companies that are involved.  By getting them involved early, the lawyer can teach them about the claim, and get them key documents early. This can help set a tone for the claim early on, including when the insurance adjuster is setting the reserve for the claim (the amount they believe they may need to pay out during the defense, and resolution, of the claim).  More importantly, it will mean that a claim is open and ready when you have finished your medical care and are ready to discuss settlement!