A small child finds it easy to blame someone else for a problem that was caused by his or her own actions. The legal system does not encourage adults to act like children, even when they have sustained serious injuries. That injured adult must complete certain tasks, in order to increase the chances for winning a personal injury claim.
Tasks to complete before any negotiations begin
Start and keep a record of what happened on the day of the accident. When did it take place? Where did it take place? What actions were taken by the person named at fault?
After filing a personal injury claim with the help of Personal Injury Lawyer in St. Catharines, send a formal notice to the person being held responsible for the injury-causing incident. This task can be assigned to a lawyer. Collect relevant evidence. That would include medical bills, repair bills, witness contact numbers and photographs of the scene, of damaged property and of any injuries.
Compose a demand letter, which will be sent to the defendant’s insurance company. List the damages/injuries, the treatment pursued for any injury, the losses suffered and the amount of money being requested as compensation. Give thought to hiring a lawyer. A lawyer’s help can prove useful, as the insurance company sends all sorts of documents. A hired attorney can help with reviewing those same documents, in order to determine which of them have the greatest significance. Lawyers can also prove useful during the negotiations.
Responsibilities of claimant during negotiations
Be honest with the adjuster. Do not lie or exaggerate the nature of any injuries. By the same token, do not overlook the extent to which any of those involved in the accident might have been injured. Following a car accident, the claimant should make sure that each passenger gets seen by a physician. If you do experience painful sensations, record the time when you felt the pain. Also note the amount of time that you had to endure such pain.
Keep notes of any conversation with the adjuster. Refer to the notes, after receiving one of the adjuster’s calls. Make sure that the adjuster’s statements include a response to any question or claim that has been presented. Adjusters are expected to respond to the questions and claims from claimants. Send a letter to the adjuster’s boss, if your requests have been ignored.
An injured claimant may be asked to go to a scheduled IME (independent medical exam). Failure to attend such an exam would weaken the claimant’s case. Any statement from the examining physician does not have to be the determining factor in that same case. Any questions about the veracity of that same statement could become part of what gets discussed in further negotiations.