Your attorney will need to request all medical records and bills related to your injury. If necessary, a written report from your doctor will also be requested. Should your case go to trial, your doctor may be required to appear in court as an expert witness.
Once all documents are received, your attorney will organize the medical records, bills, and reports into a demand package and submit it to your insurance company. This package will include a letter outlining the key aspects of your case and the treatment you received.
Your attorney will inform the insurance company of the value of your case and the reasoning behind it. Keep in mind that the amount requested may not be the exact value your attorney believes the case is worth. The insurance company will likely make a low initial offer, and your attorney’s strategy will be to start with a higher figure to allow room for negotiation toward a fair resolution.
If the insurance company negotiates reasonably, you will likely be able to resolve your claim without going to court.
Reaching a settlement in a personal injury case is just “the beginning of the end.” Afterward, your attorney will contact your medical providers to negotiate any outstanding medical bills. Most doctors' offices are accustomed to working with attorneys to resolve bills and may offer a discount based on your lawsuit proceeds, potentially saving you thousands of dollars.
As part of the settlement, you will need to sign a release document, which will waive any further legal claims against the defendant. The release may also state that the plaintiff is responsible for outstanding medical bills or liens, and must be paid from the settlement proceeds. Many insurance adjusters require the release to be signed and returned before issuing the settlement check. Only after all of these steps are completed will your attorney be able to distribute the settlement funds.
At Kimmel Carter, our team of experienced attorneys is dedicated to guiding you through the Delaware Personal Injury process. If you or a loved one is in need of assistance with a personal injury claim, don’t hesitate to call us for a free legal consultation.
Call or Text (302) 565-6100.
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