Many of our clients are surprised to learn that they might be able to settle their cases before they even file their lawsuits. In fact, a significant percentage of personal injury cases are settled during the beginning stages of the case. This is possible because part of the job of a personal injury lawyer is to negotiate with insurance companies, both your own and the company or companies for the other parties involved. This type of quick settlement is most likely when there is little or no question that the other driver is liable for your injuries, such as when the driver has admitted responsibility, or when he or she got a ticket. It may also happen when liability is still in question, but your injuries are especially severe.

During the pre-litigation process, your lawyer verifies that the liable person or people have insurance coverage, and determines whether your own insurance policy provides coverage for the accident. Your lawyer will also investigate the facts surrounding the accident, review the police report, interview the witnesses, and inspect the scene of the accident in order to compile the best possible information on how the accident occurred and who is at fault. And he will also review your current and prior medical records, to prove that your injuries stem from the accident and to understand how they relate to any pre-existing medical condition.

Once your lawyer has done all of this, he can begin to determine what your legal claim may be worth, financially. This is generally expressed as a range of values (such as $200,000 to $500,000), because of the uncertainty of settlement negotiations and trials.

At some point during the course of your medical treatment, your lawyer may demand a settlement from the insurance company, in an effort to recover the compensation you are entitled to without a formal lawsuit. Usually, the insurance company will respond with either an offer to settle or a request for additional information. That additional information may include copies of MRI films, tax returns, records of a physical examination of you by a doctor of your choosing or other information the insurance company feels is important to understand your case. Once it has all of the necessary information, it will be in a position to make a settlement offer. Your lawyer will notify you of this offer so that you can discuss it and determine whether you find the offer acceptable.