Understanding the Personal Injury Process

When a person has been involved in an accident and sustains bodily harm and other damages it can be difficult to make decisions about the claim process to obtain a financial settlement. Accidents whether the injuries are minor or severe are emotionally traumatic and without having knowledge of personal injury law in the type of accident that resulted in harm can be stressful and confusing. On top of the stress of a legal claim is the pressure and anxiety of healing in order to return to normal daily activities.

Attorney Zev Weinstein, solar plexus injuries attorneys

Attorney Zev Weinstein, solar plexus injuries attorneys

In most cases when a person is hurt in an unfortunate happenstance that was not even their own fault, they have no clue what the process is that follows and have questions that a personal injury lawyer can answer and explain the legal options they have in their situation. The process for recovering financial compensation in the settlement process includes:

Claim Value

Once the attorney has all of the details about the mishap they will be able to estimate the value of the claim and then when the amount is agreed upon by the injured party and the lawyer a claim is filed by the legal professional to the insurance company of the negligent party.


The reason that the attorney will demand a settlement from the insurance company first is because this will be a faster way of obtaining a fair settlement for the person who was harmed. Bringing a lawsuit to trial can take an extended amount of time filing the paperwork, notifying the defendant, waiting for the trial date, the time at trial and jury deliberation before any compensation is awarded.

The attorney will generally demand a higher amount than the agreed upon settlement to ensure if they need to negotiate with the insurance company the settlement amount till not be lower than what the client agreed. It should also be understood that in some cases the insurance company may not want to be fair and the accomplished attorney protecting their client’s rights will not back down by accepting a lower settlement, but instead will take the case to trial so the victim can recover the compensation they deserve.

Insurance Company Response

When the legal professional files a claim with the insurance company demanding a settlement for damages, the insurance company may reject the amount of the demand and will counter offer with a much lower amount. Then a counter offer will be made by the lawyer and the negotiating begins.


The experienced personal injury lawyer is a skilled negotiator and if the insurance company makes an offer after receiving the claim amount the attorney will counter offer. Then it is up to the insurance company to either agree or to make another counter offer that is usually a higher figure than their first low offer. It is up to the client and their attorney to decide whether this second offer is acceptable or not. The lawyer and insurance company may go back and forth with offers until there is an agreed upon amount the client feels is acceptable.

In some cases if the claim cannot be settled it may go in front of a mediator, which is a third party. They do not work for the attorney or the insurance company and are neutral, but can be the go-between for the legal professional and the insurance company to help get the claim settled for a fair amount.

Southern California’s Weinstein Law believes the settlement amount rests on the personal injury attorney’s shoulder. Their experience and negotiation skills are paramount in how the insurance company is handled to ensure they offer a just settlement.

About Attorneys

I am a serious personal injury attorney based in Los Angeles. I handle cruise ship wrecks, dog attacks and motorcycle accidents with professional excellence and have retrieved millions of dollars between myself and my associates and firms of counsel to me. I take no prisoners when defending the sacred rights of my clients.