The negotiation process is a part of the claims process. When specific aspects of the claims process function well, all of those with an interest in a given claim enjoy greater satisfaction.
Is treatment of injuries satisfied?
Someone that intends to use the claims process should make an effort to visit a hospital emergency room, a clinic or a doctor’s office within the first 24 hours that follow the injury-causing accident.
Can the injured victim obtain legal advice?
Yes, any good personal injury attorney should arrange for a free consultation with any prospective client. The victim’s ability to profit from that meeting depends on his or her willingness to share facts about the injury-causing accident, and to answer the attorney’s questions.
Is there a timeline that the injured victim should follow?
Yes, it makes no sense to file a claim until after the treating physician has announced that the patient/victim has arrived at the point of maximum medical improvement (MMI). Once the retained personal injury lawyer in Kingston has learned about the client’s arrival at MMI, then that same member of the legal community should work with the client to create a demand letter.
The demand letter should get sent to the adjuster at the insurance company of the allegedly responsible driver. The adjuster could respond to that demand letter by pointing out the weaknesses in the presented argument. At that point the claimant would need to strengthen his or her case, possibly by adding new information or new evidence. A revised letter could be sent back to the adjuster, along with a new demand, and maybe an emotionally-charged photograph.
How do negotiations get started?
Ideally, the adjuster’s response to the new demand should include the insurance company’s initial bid. The claimant must decide whether or not to accept that same bid, or to answer it with a counteroffer. Most lawyers urge their clients to answer with a counteroffer. At that point, the negotiation process has achieved a good start.
The 2 sides should keep exchanging their offers and counteroffers until both of them have agreed on a specific figure. If both sides have agreed on a figure, then the stage has been set for creation of terms of a settlement. Still, both sides must be fully satisfied.
That means that the claimant must sign a release form. The claimant’s signature frees the insurance company of the need to cover any other damages that might arise, as a result of the accident that triggered the negotiations.
Once the insurance company has received the signed release, it should send the anticipated compensation to the claimant’s lawyer. After the lawyer has taken care of any liens, then the client/claimant can receive the remaining funds.