Preparing and Negotiating Personal Injury Claims
Without proper preparation and skills, preparing and negotiating a personal injury claim can be difficult. You will be up against an experienced claims adjuster who will take advantage of any weakness in your claim. Without some negotiation basics you probably won’t get a fair settlement offer. In this blog post, we will do a brief overview on the basic steps to keep in mind when preparing and negotiating personal injury claim.
Preparing a Personal Injury Claim: After an accident, you must inform all the necessary parties by reporting the accident to the other driver’s insurance company. To report the claim, you must also call your own insurance company regardless of fault. This is because most insurance policies require the policyholder to notify the company when an accident occurs. Your filing of the claim will lead you to your first contact with the claim’s adjuster. Claims adjusters are specially trained to investigate accidents and negotiate settlements to resolve legitimate claims. They are also required to deny claims when their investigation concludes their insured wasn’t negligent. Within a few days after you report the accident, you will get a phone call from the other drivers claims adjuster. They may want to take your recorded statement and ask you to sign a medical release. If your claim is serious enough to need an attorney, don’t give a statement or sign a release until you’ve spoken with one. If you’re handling the claim yourself, don’t make any statements in admitting your own negligence and don’t provide access to any medical records unrelated to your current injuries. Several days after your first contact with the adjuster, you may receive a reservation of rights letter. This is standard practice and nothing to be alarmed about. A reservation of rights letter usually states that although the insurance company has agreed to discuss the claim with you, it doesn’t mean they accept liability for their insured’s actions. Afterwards, you need to give yourself some time to recover from your injury. You can’t negotiate a settlement until you have fully recovered, or no further treatment will change your medical status. During your treatment, we begin gathering documents to build your claim. Some of the documents we will obtain may include: a written medical diagnosis describing the type and extent of your injuries, a written medical prognosis describing how the injuries will affect you in the future, and if applicable, your doctor’s orders limiting or prohibiting you from engaging in certain types of employment. If you require future medical treatment, we may have your doctor put together a statement indicating the estimated cost of that treatment. Finally, we will obtain and provide copies of your medical bills and out of pocket expenses to the insurance company.
Negotiating a Personal Injury Claim: To get to the final stages of negotiations, it requires you to effectively communicate your demand amount to the adjuster and support that demand with your credible proof. Once we determine your ideal compensation, we put it in writing in the form of a demand letter. Once the adjuster receives your initial demand, we will begin negotiations. They may start by saying your demand is way too high or claim that they don’t have the authority for your demand. Remember, a claims adjuster is loyal to their employer, the insurance company. It is their job to protect their employer from financial loss. The primary way they save money is by paying injured claimants as little as possible. Selecting a lawyer to represent you and negotiate your personal injury claim can be one of the most crucial factors in the outcome of your personal injury settlement.
Speak with our Accident Attorney in Miami Today!
Selecting a lawyer can be an intimidating process for those who have never faced a situation that required an attorney’s professional experience. The process of choosing a lawyer is quite like the process of choosing a doctor. This is because every client wants a lawyer who is experienced, skilled, and ethical. While all attorneys may be licensed to practice law, not all attorneys know how to properly handle personal injury claims. A common way for clients to find a suitable attorney is through recommendations. When you have a friend or family member who is satisfied with a particular attorney’s work, it may reduce some of the anxiety associated with trying to find the right attorney for the job. Just as it is crucial in any relationship to form good communication skills, this is just as important in an attorney-client relationship. To establish a positive relationship between a client and our firm, we believe it is our mission to make sure our clients remain well informed and comfortable throughout the entirety of their case. Our attorneys are ready to provide proven legal representation and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation!
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
