Getting a Fair Settlement for Your Personal Injury Claim

Getting a Fair Settlement for Your Personal Injury Claim

There will be wrangling with insurers during the post-accident compensation negotiations even if your injuries and liability are clear. After gathering all the essential documents and evidence, a victim should write a demand letter to his or her insurance company and submit it. Describe your injuries, medical treatment, lost wages and other damages in the letter. Also explain why the insured party is to blame. It’s important to explain why you qualify for no-fault auto insurance when filing a claim. If you believe you had a hand in the problem, you should avoid expressing guilt.

Because you should expect the insurance adjuster to respond with a modest counteroffer, typically accompanied by a declaration that some part of your claim is missing, your initial demand letter should want a very substantial figure. Typically, an accident victim will accept a lower offer, the insurance adjuster will react with a somewhat higher offer, and the negotiations will continue until the two parties agree on a settlement sum or decide to go to trial. But, to get the fair settlement, you need a specialized lawyer, like a nursing home abuse attorney.

Commonly Asked Questions About Settlement Negotiations

Arguments regarding the policy’s scope of coverage may emerge during settlement talks. However, the insurance company may try to construe these terms more narrowly than you do. Any ambiguity will be interpreted in your favor because the policy was written by the insurer.

In addition, an insurer may be skeptical of the injuries you claim and the treatment you request. As a result, you should document everything that transpired following the collision and tell your insurance company as quickly as possible. There is a larger chance of disagreement over injuries or treatment when a person has pre-existing conditions that were made worse by the incident.

Sometimes, an insurer will dispute your storrey of who caused the accident and claim that you were complicit in it. This is extremely rare. This could have a major impact on the amount of money you receive as compensation for your losses. Depending on the state, a victim’s degree of fault may exclude them from receiving compensation. Consult with an attorney before admitting fault to an insurance adjuster.

How to Go About Negotiating a Settlement

Most of the time, the insurer’s initial offer is inadequate and is only a negotiating strategy. It’s possible that you’re undervaluing your claim if the offer is higher than what you expected or near to the lowest amount you’d take. If you think the offer is too low, which is likely, you should look into why the insurance company thinks your case is worthless and respond to the grounds the insurer makes to defend its judgment. If you don’t have confidence in the insurer’s reasons, you shouldn’t make large cuts to the amount in your next demand letter.

Once the negotiations have ended successfully, make sure the agreement is in writing. As well as stating the compensation amount, the contract should also state what damages you have suffered and when the insurance company expects to provide your settlement documents.