Your lawyer may take over some or most of the communication with insurance companies, depending on the representation. The decision whether to accept a settlement stays with you.
The scope of the work and the fee should be explained when the representation starts, preferably in writing.
What your lawyer may do
Depending on the representation, a lawyer may:
- Gather and review evidence
- Evaluate who is responsible and what your damages are
- Communicate with the insurance companies
- Negotiate
- Advise you on any settlement offer
- File a lawsuit, if appropriate
- Handle the lawsuit, including discovery
Who talks to the insurance company?
Once you hire a lawyer, the lawyer may handle some or most insurer communications, depending on the representation.
Attorney ethics rules restrict a lawyer on the other side from contacting you about the matter once they know you have a lawyer. That rule governs lawyers. It is not a blanket nationwide rule for every insurance adjuster, so ask your lawyer how they want contacts handled.
If a lawsuit is filed
You become the plaintiff. Lawyers for each side, and for the insurer, typically gather facts through documents, written questions and depositions, which are questions answered under oath. That process is called discovery.
Many cases settle before trial. Only a small percentage of personal injury cases ever go to trial.
The settlement decision is yours
Your lawyer can advise you, but the decision to accept a settlement offer is yours, not the lawyer’s. Settling generally means signing a release that ends your claim against the other side.
How much does a car accident lawyer cost? →Who’s who in an insurance claim? →