Most personal injury claims in White Plains begin when the injured party hires an attorney to assist them with obtaining compensation for the expenses and impacts of their injury. The attorney and their legal team thoroughly investigated the accident to determine who was liable and the amount of liability insurance available from the at-fault party to compensate the claim.
The amount of insurance available is one of the main factors influencing the claim's value. Other factors that the claimant's attorney uses when establishing a claim value include the severity of the injuries, permanent disabilities that resulted from the accident that will impair the claimant's ability to earn an income in the future, and more.
Once the attorney establishes a value to the claim, they will file a demand with the at-fault party’s insurance provider. The provider can either pay the claim, deny it, or enter into settlement negotiations with the claimant’s attorney to resolve the claim out-of-court for less than its value.
Suppose the insurance provider fails to pay the claim. In that case, it can be filed in a White Plains court as a personal injury lawsuit so that a judge or jury can determine liability and compensation. Settlement negotiations can continue even after you file the claim and a trial begins.
Because most personal injury lawyers work on a contingent fee basis, you don't pay them until the claim resolves, either through a negotiated settlement or court award. Upon the resolution of the claim, the claimant's attorney will collect their compensation and take a percentage of the proceeds for their services.