Person standing next to broken down car


Matt Troutman Aug. 9, 2023

Some people think that every personal injury claim is filed in a court of law, but, statistically, only a small percentage of personal injury claims need a lawsuit to be resolved. My estimation is that 90 % of the personal injury claims are resolved without a lawsuit. Out of the 10% that require litigation, probably 10% or less actually require a jury trial. After the personal injury victim completes his or her medical treatment, the auto accident attorney will request copies of the client’s medical records along with other documents to show the value of the personal injury claim.

A demand package, which includes all the documents collected by the auto accident lawyer, will be mailed to the insurance company adjuster. The adjuster will review the documents and determine a maximum value for the claim. Normally, the adjuster will seek the opinion of a supervisor in making this determination. Once the determination is made regarding the maximum value the insurance company is willing to offer, the adjuster will make their first offer. The intent of the adjuster is to settle the claim below the maximum value assessed by the insurance company. Once the first offer is made, there will be an exchange of offers and demands until a settlement is reached or a disagreement results.

If the auto accident victim does not receive a reasonable offer from the insurance company after their attorney has submitted an informal demand package, then the accident victim can choose to file a lawsuit in an attempt to obtain a better result. In my law office, the decision of whether or not to file the lawsuit belongs to the client. There are some attorneys that make that decision on their own, which I believe to be a mistake since the client may not want to go through the litigation process. My approach is to explain the litigation process and let the client decide if they want to go through with it. The last thing I want to happen is for the client to regret being involved in the litigation.

If the client decides they want the auto accident lawyer to file a lawsuit, they need to understand that the litigation process is slow and will require their direct participation. After the paperwork for the lawsuit is filed, the client will have to assist the attorney in answering written questions submitted by the opposing attorney, give a deposition, attend a mediation (an organized settlement conference) and attend a trial if the matter cannot be settled prior to a trial.

In attempting to reach a settlement, the insurance adjuster and the auto accident attorney are attempting to determine what amount a jury would award for the claim, because, if the parties cannot settle the claim, it is a jury who will decide what the claim is worth. Many auto accident victims have an expectation for an amount of money they want out of the settlement, but they need to understand that what they want is not what determines a reasonable settlement value. It is what a jury would award.


LawyerThese circumstances will require the services of an experienced Kentucky car accident attorney to investigate the cause of the accident and maximize all benefits available to the victims in this auto accident. Matthew Troutman, a Kentucky car accident lawyer, of the Troutman Law Office has been handling auto accident claims, almost exclusively, since 1986 and has the experience and talent to obtain the best result for the victims in the above car accident. It is very likely that the at-fault driver will not have enough insurance to fully compensate the victims in this car accident, and, therefore, it will be important for there to be underinsured motorist benefits available.

If you need legal assistance due to a motor vehicle accident, contact Kentucky car accident attorney Matthew Troutman directly at 859-696-0001 or 502-648-9507 and he will meet with you in the hospital, your home or wherever is convenient for you. He will give you direct access through his cell phone and guide you through the difficult process necessary to obtain the best result possible for you in your car accident claim. To learn more about Lexington car accident attorney Matthew Troutman and the Troutman Law Office, click here.