Time Required For Completion of Negotiation Process

Negotiations between the 2 disputing parties in a personal injury claim start with presentation of the opening bid from the defendant’s insurance company. Normally, the company’s adjuster comes forward with that initial bid, following receipt of the claimant’s demand letter.

The negotiating process does not always run smoothly.

Sometimes, the negotiations stall. On occasion, an adjuster’s tactics could include a refusal to respond to the claimant’s counteroffer. Adjusters realize that some claimants might make a lower counteroffer, when there has been no reply to the first one. A claimant’s lack of understanding of the process might encourage the performance of such a mistake.

Smart claimants do not fall into that trap. Instead, they work with a lawyer, in order to file a lawsuit against the insurance company. At the same time, they continue to take part in any further attempt at negotiating a settlement.

Another possible problem could show up after the claimant-lawyer team has sent the demand letter. At that point, an adjuster’s tactic could call for a long delay in coming forward with a response to that same letter. An experienced claimant should know not to wait any more than 45-60 days for a response.

After that, it would be within the claimant’s rights to work with a Personal Injury Lawyer in St. Catharines, and to file a lawsuit against the insurance company. Every insurer is expected to demonstrate actions in good faith. Any attempt to avoid meeting that expectation could offer grounds for a lawsuit.

In light of such possible delays, why does it make sense to go after a settlement, as opposed to opting for the immediate pursuit of a lawsuit?

While those delays could lengthen the time required, before the issuance of any compensation, that added time is slight, when compared to the number of weeks or months that could pass, during litigation.

Understand, that any agreement that the disputing parties reach, at the close of negotiations, cannot be challenged or altered. That same rule does not apply to any verdict that a jury might reach at the close of a trial. Either side could decide to appeal for an examination of the jury’s decision.

The existence of the appeal process can add many more weeks or months to the amount of time that a plaintiff must wait for any desired compensation. Hence, most injured victims choose to take part in the negotiating process. Then, if the process stalls, there is always the chance that the 2 sides might elect to meet in a mediation session.

That meeting does not last much more than one day. It can work to hasten resolution of the disputed issue. More importantly, it should ensure the satisfaction of all those involved in that same meeting.

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