Law Offices of Kennedy and Brown

What Happens After A Personal Injury Claim Is Filed?


In order to file any type of personal injury claim, an individual would have to send a letter of representation to the person or company they feel was at fault. That person or company would then turn it over to their insurance company, at which point the plaintiff would be dealing with the potential defendant’s liability insurance company.

What Information And Evidence Will My Attorney Need To Review Prior To Filing A Claim?

Prior to accepting a case, we will generally schedule an initial interview with the client in order to obtain a full, detailed description of the incident or event in question. If it involved a motor vehicle accident, we will request the police report and the names of any witnesses; this information will assist us in determining whether or not we can accept the case. Once we decide to accept a case, we will immediately send the liability insurance carrier a letter of representation and wait for a response.

What Defenses Do Insurance Companies Use To Avoid Paying Out On Claims?

In order to avoid paying out on claims, insurance companies will first require proof that their insured was at fault or liable for the accident. If that can be proven, then they will try to indicate that the victim was partially at fault for the accident in order to minimize the case from the very start.

Are My Medical Bills Going To Be Paid In Full In A Settlement?

Whether or not someone’s medical bills will be paid in full in a settlement will depend on the type of injury that was sustained. If the injury was sustained from a car accident, then the medical bills will initially be paid for by the victim’s insurance company, which are called no-fault payments. Once the insurance fund has been exhausted, any remaining medical costs will have to be paid for by the settlement. When it comes to a motor vehicle accident, medical expenses don’t have to be paid in full because even if the victim’s benefits are exhausted, the insurance company will have to accept the amount.

Will Reimbursement Include Medical Bills Already Paid As Well As Future Expenses?

Medical bills that have already been paid won’t be recoverable, but settlements always include what a client will need in terms of future medical treatment. The insurance company or healthcare provider will have to be reimbursed for future medical bills. A report from a doctor or health care provider that provides an estimate of future medical costs would be helpful during the process of making the settlement and collecting damages.

Is It A Good Idea To Pay My Medical Bills As They Come In Or Should I Wait For A Settlement?

Oftentimes, it’s very inconvenient to pay for medical bills prior to having received a settlement. In addition, many people simply don’t have the ability to pay for their medical bills prior to receiving a settlement. If there is no insurance coverage for the medical bills, then the best course of action would be to wait until the case has been settled and to pay those bills from the settlement amount. Furthermore, unpaid medical bills are very important items of recoverable damage and can lead to higher settlements.

Which Healthcare Providers Are Entitled To Be Reimbursed After A Settlement Is Reached?

The healthcare providers that would be entitled to reimbursement after a settlement depend on the type of coverage the victim has. For example, if the victim’s insurance company still has the right of subrogation or the right to receive monies they paid in a case, then the victim would have to pay back their insurance company using the money from the settlement. However, medical bills that are paid for by the victim’s own no-fault auto insurance carrier after a motor vehicle accident do not need to be paid back. In other situations, private health insurance companies that pay for medical bills often have the right to subrogate from the settlement the bills which were paid by them.

For more information on Aftermath Of Filing A Personal Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (570) 203-1333 today.

John H. Kennedy, ESQ.

Call For A Free Consultation. Only Pay When We Win.
(570) 203-1333

Related Articles

Follow Us