Personal injury cases and buying things in a flea market have one key thing in common. Negotiating and bargaining is common and expected. Expect to see a lot of negotiation occur in personal injury cases even when all parameters are clear. Personal injury lawyers have seen this all too often.
The negotiation process generally consists of these steps. You can ask your personal injury lawyer for further clarification regarding this:
● You and your lawyer send the defense a demand letter asking for an insanely high amount for compensation.
● The insurance adjuster will tell you why your claim doesn’t justify the amount that you have asked for in your demand letter
● You respond
● The insurance adjuster will try to lowball you to see if you’re desperate
● You send another demand letter to the defendant asking for a slightly lower amount
● The insurance adjuster will send you a slightly higher offer
● You either accept the offer or send in another demand letter.
The process continues until you finally accept an offer.That said, your personal injury lawyer in St. Catharines will tell you that a strong personal injury claim or case tends to command a higher personal injury settlement. This means that all of the documents and demand letters must be accurate and present strong evidence in your favor. The investigation must be thorough and accurate.
When do the negotiations begin?
Expect the negotiations to start immediately after the insurance adjuster receives your demand letter. Allow a few days for the adjuster to review your claim.
Don’t worry if you get a rights of reservation letter from the defendant’s insurance company
Basically, a rights of reservation letter from the defendant’s insurance company means that while the insurance company is investigating the claim, it reserves the right to not pay anything if the accident is not covered in the defendant’s insurance policy.
This protects the insurance company from you suing on the basis that the insurance company has to cover any personal injury accident. It also intimidates some people into accepting (unwisely) the first offer because they may think that the insurance company is not obligated to pay anything.
Ignore the rights of reservation letter and remember that the insurance company still has to investigate your claim thoroughly and negotiate with you fairly.
What to do when you don’t hear from the insurance company?
Be persistent and ask the adjuster for a response date in writing. Contact the supervisor if the adjuster is appearing to drag his or her feet on this matter.Don’t sweat the defendant’s insurance company. You can indeed get the settlement that you deserve if you hire a good personal injury lawyer.