A $2.5 million settlement was reached for a man who was struck by a golf cart while attending a sporting event. The resulting injuries required surgery and extensive rehabilitation.
When someone is struck and injured by a vehicle, the path to a monetary settlement can feel confusing and overwhelming, especially when you’re trying to recover physically while also worrying about medical bills, missed work, and what to do next. While every case is unique, there is a fairly standard process that injury attorneys follow to help injured people pursue compensation in a clear and structured way. Below is a user-friendly overview of how a settlement is typically reached, and the steps an injury attorney, like myself, usually take along the way.
Get Medical Care
The process almost always begins with medical treatment. If an accident causes an injury, seeking prompt medical attention is critical, not only for your health, but also for your claim. Medical records create a clear link between the accident and your injuries. Emergency room visits, urgent care treatment, follow-up appointments, physical therapy, and even future treatment plans can all become important evidence later.
An injury attorney will usually emphasize that you should follow your doctor’s recommendations closely. Gaps in treatment, or ignoring medical advice can make it easier for an insurance company to argue that your injuries were not serious, or were caused by something else.
Hiring an Injury Attorney and Initial Investigation
Once you contact me as your injury attorney, the first step is typically an initial consultation. During this meeting, I’ll listen to what happened, reviews any documents you already have, and explain whether the case appears legally viable.
If I take the case, we’ll begin investigating. This may include:
- Gathering incident reports from the scene
- Interviewing witnesses
- Reviewing photographs or videos of the scene
- Examining the vehicle itself, if available
- Identifying who owned, operated, or maintained the vehicle
Vehicle accidents can happen in various settings such as residential neighborhoods, parking lots, highways, golf courses, private communities, parks, or special events. Liability may rest with a driver, property owner, employer, or even multiple parties.
Determining Who Is Responsible
A key part of reaching a settlement is identifying who is legally responsible. Responsibility may lie with:
- The driver (if they were careless, distracted, or impaired)
- A municipality, property owner (poor maintenance, lack of warnings, etc.)
- An employer (if the driver was working at the time)
- A rental or maintenance company (if the vehicle malfunctioned)
As an injury attorney, we’ll evaluate whether negligence played a role, meaning someone failed to act with reasonable care and that failure caused the injury. Establishing responsibility is essential before any meaningful settlement discussions can occur.
Calculating Damages
Once liability is clear and determined, we’ll focus on damages, which are the losses caused by the accident. These generally fall into two categories:
Economic damages, such as:
- Medical bills (past and future)
- Lost wages or reduced earning ability
- Out-of-pocket expenses related to the injury
Non-economic damages, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of daily activities
We’ll gather medical records, billing statements, employment documentation, and sometimes expert opinions to calculate a fair value for the claim. This step is crucial, because once a settlement is accepted, we typically cannot ask for more compensation even if new problems arise.
Filing an Insurance Claim and Demand Letter
Most injury cases are resolved through insurance. Depending on the situation, this could involve commercial liability insurance, auto-style policies, or specialty coverage.
At this juncture, we’ll prepare a demand letter, which outlines:
- How the accident happened
- Why the insured party is legally responsible
- The nature and extent of the injuries
- A detailed breakdown of damages
- A specific dollar amount requested to settle the claim
This letter begins formal negotiations with the insurance company.
Negotiation with the Insurance Company
Insurance companies rarely agree to the first demand. Negotiations usually involve back-and-forth discussions, with the insurer questioning liability, disputing the severity of injuries, or arguing that the damages are overstated.
Negotiations are handled by the attorneys. My team will respond to arguments, provide additional documentation, and push back against low settlement offers. We also protect clients from common insurance tactics, such as requests for recorded statements, or pressure to settle quickly before the full impact of injuries is known.
Deciding Whether to File a Lawsuit
If negotiations stall, or the insurance company refuses to make a fair offer, we may recommend filing a lawsuit. Filing suit does not mean the case will necessarily go to trial. In fact, many cases settle after litigation begins. Once both sides exchange evidence and have a better understanding the strengths and weaknesses of the case, the insurance companies are more apt to settle.
The process may also include written questions, document exchanges, depositions, and possibly mediation or settlement conferences.
Reaching a Settlement or Going to Trial
Most vehicle injury cases resolve through settlement, either before or after a lawsuit is filed. A settlement is an agreement where the injured person receives a negotiated sum of money in exchange for releasing legal claims related to the accident. If a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury decides liability and compensation.
Finalizing the Settlement and Payment
Once a settlement is agreed upon, paperwork is signed, and the insurance company issues payment. My office typically handles the distribution of funds, paying any outstanding medical liens or costs, and then providing the remaining amount to the client
If you or a loved one was injured in a vehicle accident, I’ll be there for you, and I’ll Make Them Pay!®
