Guidelines For Negotiating Settlement In Personal Injury Case

Personal injury lawyers hate to answer this question from a client: What is my personal injury case worth? Each case has a definite monetary value, but an attorney cannot know how much money the insurance company might be willing to offer.

Specific factors that affect the insurance company’s offer

There are limits that are stated in policyholder’s purchased policy. Your lawyer will do an examination of whether or not the policy covers the type of accident that gave rise to the submitted claim.

Stages of claim

• Investigation
• Gather supporting documents
• Prepare a demand letter

A personal injury lawyer can help with composition of the demand letter.

That letter should explain the nature and extent of the injuries. It should make clear to the opposing side why the defendant has been viewed as responsible for the accident.

In addition, it should include details on how the injury has been treated. Finally, it ought to include a demand for a given amount of money. The claimant-lawyer team sends the demand letter to the insurance adjuster.

How the adjusters respond to the demand letter

In the first response, the adjuster normally emphasizes the weaknesses in the claimant’s argument. Smart claimants work to remove those weaknesses, and replace them with a strong point.

Once the case has been strengthened, the adjuster receives a new letter, one that does a better job of supporting the claimant’s argument. After the adjuster has viewed the stronger argument, then he or she makes an initial offer, as a start to negotiations.

Claimants experienced with negotiating know how to respond to the initial offer. Their response should take the form of a slightly lower demand. Adjusters have learned how to respond to that slightly lower demand. They come forward with a slightly higher bid. That process keeps repeating itself, until the 2 sides agree to accept 2 offers that are in agreement.

Claimant’s job, once the 2 sides agree on a figure

Working with lawyer, claimant should request a confirmation of the settlement’s size, along with a date for when the compensation should arrive at the lawyer’s office.

The Personal Injury Lawyer in Mississauga gets a release form from the insurance company, and studies that same form. Once the claimant’s attorney has approved of that release form, it must receive the claimant’s signature.

After the insurance company has received the signed release form, it sends a check for the settlement money to the lawyer’s office. The lawyer arranges for reimbursement of any funds that came from the health insurance provider. The lawyer also takes out the agreed upon contingency fee.

The amount of money in the check from the lawyer represents the compensation that is due the claimant. That money must fund the claimant’s efforts to become whole again.

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