OUTLINE OF A TYPICAL CLAIM FOR INJURIES AND DAMAGES

Most people are unfamiliar with the process of hiring a lawyer to present a claim for injuries and damages. You probably have many questions about the process and what is involved. Below you will find a general step-by-step outline of the typical claim process. In case with serious injuries and ongoing treatment, this process generally will not apply and a lawsuit will need to be filed because the medical treatment is ongoing.

  1. YOU ARE INJURED
  2. YOU HIRE AN ATTORNEY
  3. YOUR MEDICAL CARE AND TREATMENT CONTINUES
  4. YOU ARE OFF FROM WORK DUE TO YOUR INJURIES
  5. Your attorney files an immediate lawsuit to gather or preserve evidence OR your attorney sends formal notice to the responsible parties and insurance companies that he is representing you in a claim for injuries and damages
  6. Your attorney begins to obtain witness statements and other evidence to support your claim
  7. YOUR MEDICAL CARE AND TREATMENT CONTINUES
  8. If no immediate lawsuit is filed, your attorney begins obtaining your medical bills and records and takes the steps to obtain verification of your loss of wages or earnings.
  9. As you continue to treat, your medical data is updated
  10. Your attorney is communicating with the insurance company adjuster regarding your medical status
  11. YOU RETURN TO WORK
  12. Your attorney obtains final verification of the time you had to miss from work due to your injuries
  13. YOUR MEDICAL CARE AND TREATMENT ENDS
  14. YOU ARE EITHER COMPLETELY HEALED FROM THE INJURIES YOU SUFFERED OR YOU STILL HAVE SOME RESIDUAL PROBLEMS/ISSUES BUT YOUR DOCTORES HAVE TOLD YOU THAT THERE IS NOTHING MORE THEY CAN DO FOR YOU (YOU ARE AT MAXIMUM MEDICAL IMPROVEMENT)
  15. Your attorney obtains the remainder of your medical records and bills
  16. Your attorney discusses your medical condition with you
  17. If needed, your attorney obtains a detailed medical report regarding your injuries from your doctor
  18. Once your attorney has all of your medical records, all medical bills, all verification of your loss of income, and all evidence of the extent of your injuries, your attorney opens negotiations with the insurance company by sending them copies of all of your records and bills
  19. A settlement offer is made
  20. Your attorney discusses the offer with you, and you both agree on the next course to take
  21. Negotiations continue
  22. Eventually, YOU agree to accept a settlement offer OR the insurance company is not offering fair compensation, so your attorney files a lawsuit on your behalf, after discussing all options with you.

The latest from our blog...

How Will Uninsured Motorist Coverage Protect You?

Getting involved in a car accident is a very scary event, especially if you or a loved one was hurt. If the other driver did not have auto insurance coverage ...

Read more...

The Dangers of Black Ice

This month, the weather has been in the sub-zero degrees and driving conditions have been under par. The weather may get warmer, but we should not get too excited. As ...

Read more...

How to Avoid a Potential Medical Malpractice Case

Being affected by a medical malpractice case does not only affect you; the misdiagnosis negatively affects the doctor and his or her medical career. Every year, medical malpractice has killed over ...

Read more...

Successful Cases

More Settlements

James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

(708) 633-6005