Your attorney will begin the process of putting your case together to negotiate a fair settlement with the insurance company. If your attorney cannot come to an agreement with the insurance company that satisfies you, they will represent you in court at trial. Your attorney will:
Investigate the incident by examining the police report, any evidence and documentation you kept, witness statements, etc.;
Determine the extent of your damages by adding up your present bills and losses and projecting future costs;
Send a demand letter to the at-fault party’s insurer, explaining the evidence you have against their policyholder, your injuries, medical expenses, and other costs to back up the amount of compensation you are requesting.
The insurer will likely respond with a first settlement amount and their own reasons for presenting that amount, including whether they believe you are at fault and why. Your attorney and the insurer will then attempt to negotiate an amount that both you and the insurer can agree on. If they cannot work out an amount, your attorney will file your lawsuit in court, and you will go to trial against the insurance company. Filing a claim in court does not stop you from settling with the insurance company prior to trial.