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Factors To Keep In Mind When Negotiating A Personal Injury Settlement December 7, 2019

After the victim of an accident has filed a personal injury claim, the adjuster in the defendant’s insurance company will contact that same victim. Victims can hire a personal injury lawyer in St. Albert to respond to the adjuster’s offer, or the adjuster can hear the victim’s own response.

How claimants/victims can prepare for the adjuster’s call?

You need to decide what the filed claim is worth and view that worth as a range of values, and not one single figure. That decision will help to shape the response to the adjuster’s first offer. It is best to decide on the minimum amount within that range that will elicit a positive response. A positive response takes the form of a counter-offer.

If a claimant rejects that initial offer, then the adjuster should be asked to write a letter, explaining why it is so low. That approach lets the adjuster know that the claimant refuses to accept a low-ball offer. Other things that can help a claimant to make strong points, when responding to any of the adjuster’s offers. You need to have at-hand all the significant evidence, such as the sum total of the medical expenses, along with each of the medical bills.

Know the statute of limitations. No point will grab the insurance company’s attention, if it gets made after the deadline that is stated in the statute of limitations. Focusing on emotions helps. By emphasizing the emotions elicited by the defendant’s actions, the claimant can make a stronger argument.

The benefit associated with having a lawyer handle the negotiations

A lawyer can study the plaintiff’s case, and note its strengths and weaknesses. It could be that the defendant’s behavior might push a judge in a courtroom to hit the defendant with punitive damages. When that is the case, the plaintiff’s lawyer enjoys a chance to push harder for a settlement.

Insurance companies like the certainty that comes with agreeing to a settlement. On the other hand, insurers do not like the uncertainty that gets linked to a trial. The judge presiding over that trial might decide to hit the defendant with punitive damages. The defendant’s legal team seeks to avoid the consequences that are linked to that possibility.

The victim of an accident does not have a lawyer’s in-depth knowledge. Consequently, the victim’s limited knowledge would keep him or her from recognizing the chances for imposition in court of punitive damages. Lacking such knowledge, the ill-experienced negotiator could not push for a substantial settlement.

Most victims have limited negotiating skills. For that reason, accident victims that seek a fair compensation should think seriously about hiring a personal injury attorney. A good attorney pushes for a settlement, but stands ready to seek a fair compensation, if a client’s case eventually goes to trial.