Written by attorney James Mitchell Hoffmann

Suing an Insurance Company In a Personal Injury Lawsuit

If you have been injured in an accident and plan to pursue compensation for damages from an insurance company - either your own insurance company or the insurance company of the person who caused the injury - then you will want to learn a little more about how to file a personal injury lawsuit on an insurance claim. There are several steps that you will need to take. Recovering damages can be a complicated process. Having the aid of an experienced personal injury attorney who can advise you of all of your legal options and guide you through the process will help to ease some of this stress. Finding an attorney who has handled cases that involve insurance claims in the past, successfully, will be in your best interests whether you choose to pursue settlement or if the case ends up going to court. Gather evidence and documentation After an injury you should protect your claim by making sure that you gather as much evidence as possible and by keeping track of it. Any documentation relating to your injury should be kept. This includes evidence that demonstrates fault, or that shows the injuries or damages you have suffered as a result of the incident, and documentation showing how much those damages are worth. Your attorney can help you with this process, since experienced personal injury attorneys are very familiar with identifying the value of a claim and what evidence you will need to prove your claim. The more evidence you have, the easier it will be to get the settlement that you deserve. Write a demand letter After you have gathered all of the necessary documentation the next step will be to write a demand letter to the parties that you are seeking compensation from. The demand letter will notify the party or parties in writing of the situation, the damages you have suffered, the amount of monetary compensation you are asking for, and should include documentation that supports your claims. The demand letter offers the at-fault parties an opportunity to settle the case without going to court. The insurance company may accept the offer and agree to pay you, or they may refuse, and then the case will go to court. If the case does need to be taken to court, your personal injury attorney can advise you regarding what steps to take next. You may need further evidence like expert witness testimony, police reports, or other documents like photographs. In order to recover compensation for your damages from the insurance company you will need to prove that the at-fault owed you a duty and that the duty was breached or violated, and as a result you suffered injury and/or damages.

Missouri Personal Injury Attorney This process can be difficult and in order to protect your claim and make sure that you get the maximum settlement possible, you should get in touch with a Missouri personal injury attorney as soon as possible. As time goes by it becomes more and more difficult to protect your claim and keep evidence intact. To speak with a personal injury attorney, call the Law Office of James M. Hoffmann at (314) 361-4300.

Additional resources provided by the author

The Personal Injury Lawyers at the Law Office of James M. Hoffmann have been effectively representing personal injury victims in Missouri for more than 20 years. We have a successful record of trying cases, mediating cases, arbitrating cases and obtaining settlements for injured victims.

Free Q&A with lawyers in your area

Avvo personal injury email series

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer