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When it comes to automobile accidents, not every claimant is entitled to collect money. This is a key point often glossed over by billboard lawyers, who may imply that simply being in an accident guarantees a payout. The reality is, if a claimant is not injured, there is no bodily injury claim. Without verifiable injuries, the claimant is not entitled to compensation for bodily injury, regardless of what aggressive advertising may suggest.
Injuries and the Role of Medical Treatment
If the claimant is injured, the value of their claim will often depend on the extent and type of medical treatment they receive. The more thorough and consistent the treatment, the stronger the claim. Exceptions to this rule include long-term, non-correctable injuries such as traumatic brain injuries, where the injury itself carries significant weight in determining the claim’s value, even if medical treatment is ongoing or incomplete.
For most claimants, however, it is crucial to follow the prescribed treatment plan from medical providers. This includes attending therapy and follow-up appointments consistently until officially discharged. A key part of building a successful claim is having documented evidence of injury and treatment—medical bills and records serve as that proof. While at-home remedies or informal treatment from a friend who is a doctor may indicate the claimant’s willingness to get better, they generally do not increase the value of the claim. Only formal, professional treatment creates a tangible record of injury and recovery.
Furthermore, timely treatment is critical. The longer a claimant waits to seek medical attention after the accident, the more likely it is that the insurance company will challenge whether the injury was truly caused by the accident. Delays in treatment can severely undermine a claimant’s case.
Opening the Claim and Insurance Involvement
Once the claimant begins medical treatment, the next step is to open claims with the appropriate insurance companies. This may include the insurer of the at-fault driver, as well as the claimant’s own insurer for uninsured or underinsured motorist coverage. Even if the at-fault driver’s insurance is expected to pay for bodily injury, it’s advisable for the claimant to file a claim with their own insurer for property damage coverage and to ensure all bases are covered.
The attorney’s office will work closely with the insurers to ensure that liability is accepted or, if the at-fault driver is uninsured, that an uninsured motorist claim is advanced. If liability is denied or coverage is in dispute, the attorney may need to prepare for arbitration or litigation.
The Medical Records, Settlement Demand, and Negotiation
Once the claimant has completed medical treatment, the attorney will gather all medical records, bills, and documentation of lost wages or other incidental expenses. In most cases, but depending upon the severity of the injuries, estimates for future medical expenses will also be advanced. Finally, any demand will include elements of pain and suffering. This information forms the basis of a settlement demand, which the attorney submits to the relevant insurers.
At this stage, negotiation begins. The attorney will negotiate a settlement that is acceptable to the client, factoring in medical costs, lost wages, and pain and suffering. Once a settlement is reached, the claimant will sign a release, and the attorney will obtain payment from the insurance company.
Reducing Medical Liens and Client Benefit
While waiting for payment, the attorney will often negotiate with medical providers to reduce the outstanding medical bills. This step is critical because the total settlement amount and attorney’s fees are already set, but each dollar saved on medical bills goes directly to the claimant. This reduction can substantially increase the claimant’s net recovery from the settlement.
Patience and Participation
It’s important for claimants to understand that this process can take time, particularly when it comes to gathering medical records, preparing settlement demands, negotiating with insurers, and reducing medical liens. The claimant’s active participation during the medical treatment phase and their patience afterward are essential for the success of the claim.
When Claims Don’t Settle
Not all claims settle. If the at-fault party’s insurer denies liability or if settlement negotiations break down, the attorney may need to file a lawsuit or move the claim to uninsured motorist arbitration, depending on the circumstances. If the claim reaches this stage, the claimant should be prepared for a longer process, as litigation or arbitration can take many months or even years to resolve.
In conclusion, the process of pursuing a bodily injury claim after an automobile accident requires timely medical treatment, a thorough presentation of records, and patience. By working closely with their attorney and staying engaged throughout the process, claimants can maximize their chances of securing fair compensation.
About the Author: Jeff Bier is the managing partner of Carlson Bier Associates (www.carlsonbier.com) His practice is focused on assisting victims who have experienced personal injury. Jeff’s previous practice focused on insurance coverage where he has secured several appellate court victories, shaping Illinois law on numerous areas of insurance coverage, including uninsured and underinsured motorist coverage.
