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Navigating The Claims Process: From Filing To Resolution

  • By: Gennusa Firm
Lawyer stamping document to begin personal injury claim process - Gennusa Firm

Filing A Personal Injury Claim

The process of filing a personal injury claim begins by contacting the insurance company to open a claim. Your attorney will then send a letter of representation to the insurer. After they receive it, the insurance company should only communicate with your attorney. Once your medical treatment is complete, your attorney will gather your medical records and bills. After reviewing and evaluating your case, they will submit all necessary documentation to the insurance company for further action.

Filing A Claim Versus Filing A Lawsuit

Filing a claim is an informal process where the attorney opens a case with the relevant insurance company, collects medical records, and negotiates a settlement with the claims adjuster. The insurance company typically responds within 30 days, and most claims are resolved through negotiation.

Typically, filing a lawsuit becomes necessary if negotiations fail or if the statute of limitations—two years in Louisiana—is approaching while medical treatment remains ongoing. A lawsuit protects the injured party’s right to compensation by ensuring legal action is taken before the deadline.

Our Approach To The Negotiation Process

We start things by taking measures to ensure that our clients receive consistent medical treatment without any gaps. Not only is this for their overall well-being, personal injury claim aside, but it helps significantly with their case. Why? Because insurance companies generally look for lapses in care to deny or reduce compensation. Keeping the treatment continuous protects against this while upholding the integrity of the claim.

At the same time, we carefully monitor our client’s medical expenses to avoid them getting upside down in the case—where medical bills outweigh the compensation available. Our goal is to balance their medical care with the financial limits of the case, ensuring that they receive the treatment they need without compromising their overall recovery. This approach helps us maximize their compensation while simultaneously safeguarding their financial interests.

Still Have Questions? Ready To Get Started?

For more information on The Personal Injury Claims Process, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 308-0922 today.

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