Practical Advice On Settling Dispute Created By Injury Due To An Accident
The personal injury lawyers in Timmins knows that the injured victim should seek immediate medical attention. Then, while recovering from the injury, he or she should prepare for a time when the insurance company has initiated the negotiation process.
1st step in preparation process: Collect documents and other relevant evidence
Follow up to that 1st step: Investigate the value of a considered claim, then write a demand letter. If the accident took place in a no-fault state, then include an explanation for the fact that you have chosen to submit a claim.
Wait for arrival of a counter response, from the adjuster. That response might include mention of some weakness in the written argument. On the other hand, the adjuster’s initial offer might be quite small, perhaps the equivalent of a low-ball offer.
Steps claimant should take after receiving response
Study the size of the adjuster’s counter offer. If it were so low that it could qualify as a low-ball offer, then ask in writing for an explanation of the reasoning behind that low offer. Refer to that written request for an explanation when next speaking with the adjuster.
Wait for arrival of the next bid/offer from the adjuster. If it does not come close to the lowest acceptable offer, respond by requesting an even larger amount of money. If the counter offer does appear reasonable, then reply by putting forward a slightly higher figure, and then waiting for a new counter offer.
Keep exchanging offers with the adjuster, until the adjuster has chosen to accept the most recent offer, and you have received written confirmation of that acceptance. At that point, the insurance company should issue a release form.
As long as the claimant has arrived at the point of maximum medical improvement (MMI), he or she should sign that release form. The signed form should be returned to the claims’ office at the insurance company. The same office should issue a check for the amount of the promised compensation.
Issues that could stall negotiations
• Insurance company claims policy does not cover reported incident.
• Insurance company claims policy does not cover prescribed treatment.
• Questions concerning liability
Anyone of those issues could be resolved best by seeking the services of a personal injury lawyer. A lawyer could study the terms in the defendant’s insurance policy. By the same token, a personal injury attorney could check to see what was in the medical report about the prescribed treatment. Furthermore, personal injury lawyers know how to collect the facts that might be used to fight any allegation that their client could be charged with some degree of liability.
The lawyer’s efforts could help to get the stalled negotiations moving along, so that a settlement seemed possible.
