Personal injury claims filed with an at-fault party’s insurance company usually begin when the injured accident victim’s attorney makes a settlement demand. Depending upon the policy limits of coverage, the accident victim’s attorney may demand policy limits to settle the claim, even if it is unlikely that the insurance company would be willing to take such a step.
A demand letter prepared by the victim’s personal injury lawyer may reference monetary demands. The demand letter typically includes all of the accident victim’s medical and physical therapy records, surgical reports, and imaging studies (including X-rays and MRIs). These documents allow the insurance company’s adjuster to review all of the material to get a sense of the victim’s medical treatment as a result of their injuries, as well as the cost of that treatment.
In addition to the medical records and bills, the accident victim’s attorney will include lost wage documentation in the demand package if the accident victim has missed work due to injuries. This documentation may consist of copies of lost wage slips, salary verifications, and medical documents in which a healthcare provider authorized an accident victim to take time off from work.
The demand package in motor vehicle accident cases may include a police report or incident report. They typically include a diagram of the accident scene indicating where the collision occurred, an officer’s professional opinion on which party or parties caused the accident, whether or not a police officer issued a traffic citation to one of the involved parties, and the names and addresses of all of the involved drivers and passengers.
The demand package should also include any available photographs that relate to the accident. Often, the types of pictures that may be helpful depend on the nature of the accident and its occurrence. In motor vehicle accidents, for example, photographs of the collision scene, property damage to the involved vehicles, and the accident victim’s injuries soon after the accident are essential to back up a claim. Demand package photographs for slip-and-fall accidents often display a property defect, such as a spill on the floor or a leaky roof, that provide proof of fault on the part of the property owner or operator.
Finally, demand packages can include a written victim impact statement. In a victim impact statement, the accident victim typically describes how the accident occurred, what they experienced during and after the accident, a comparison of the accident victim’s life before and after the accident, and the further impact that the accident has had on the victim’s life.
The Lawrenceville personal injury attorneys at Brauns Law Accident Injury Lawyers, PC can assist you with filing a personal injury claim with the at-fault person or entity’s insurance company. Additionally, the team can negotiate further on your behalf, to obtain a favorable settlement offer in your case. If the insurance company refuses to offer you the fair compensation that you deserve, our legal team can help you litigate your personal injury case through the state court system.
