How Does the Personal Injury Claim Process Work


If you’ve been hurt in an accident and are filing a personal injury claim, you can expect the process to begin with a thorough investigation into your accident. Next, your lawyer will send a Demand Letter, which sets out the plaintiff’s theory of negligence and demands a monetary settlement in exchange for the promise not to sue. The next step is negotiations with the insurance company, and if they fail to offer a reasonable amount, the case is taken to trial.

If you have been injured through no fault of your own, a civil claim could provide the financial means to pay your medical bills and compensate you for your other losses. Our Las Vegas car accident lawyers at Valiente Mott could help you navigate this complex field of law. Contact us today for a free consultation.

Investigating your accident

You must build a winning case for negligence before you can file a lawsuit or settle a claim. This starts with a thorough investigation of the facts surrounding your accident. An investigation usually begins with a discussion with your attorney about what happened. They might then review the police report, which can be important evidence supporting your case.

There are two purposes for this investigation. First, it can provide you with an understanding of how your accident happened and include identifying the at-fault party. It could also establish the value of your personal injury claim.

The Demand Letter

The first step in the claims process is sending a demand letter. It is a formal communication with the at-fault party, their lawyer, or the insurance provider. The letter sets out the plaintiff’s theory of negligence and demands a monetary settlement in exchange for the promise not to sue. While it is uncommon for the defendant to accept a demand offer outright, this step often leads to further negotiation.

Negotiate or litigate

After the demand letter is sent, most cases move into extensive negotiations. This process can take weeks or months and often results in a settlement. In other situations, the parties might be so far apart on a fair amount that a lawsuit becomes necessary. A settlement could still occur up until the trial.

Rely on experienced legal counsel at Valiente Mott

Aggressive legal counsel can provide you with the resources needed to win your case. A Las Vegas car accident attorney from Valiente Mott can advocate on your behalf through every step of the personal injury claims process. Reach out immediately to discuss your options during a free consultation with our team. We work on a contingency basis, so there are no upfront legal fees.

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