One of the things you will do following an accident is file a personal injury claim. Winning a personal injury case depends on the evidence you have. Securing fair compensation depends on your negotiation skills.
You may think that insurance companies work in your best interest, so why should you negotiate with them? A reality check for you: insurance companies are not your friends. They have a job to do. Their job is:
- To save money for their organization
- Convince victims to settle for low compensation
- Find information to reduce the claim amount
This is why negotiating is a big part of personal injury cases. It is a fact that the first offer the insurance company makes will be very low. You or your lawyer should negotiate with the insurance company to get an outcome that favors you. It is best to have a lawyer by your side when you file a personal injury claim since they have the skills and experience necessary to defeat the insurance company.
Problems in Negotiating
Negotiating with insurance companies has many problems. Insurance companies will almost instantly reject your claim on various grounds or without any grounds. Actually, denying your claim is a strategy to make you accept a lower settlement. Not having enough evidence is also a hurdle that can arise when negotiating. Some of the problems you will face when negotiating a settlement offer are:
- Insurance companies rejecting your claim
- Not having enough evidence
- Inaccurate calculation of your losses
- Pressuring bills
You can overcome these hurdles with the help of a lawyer. Remember, these hurdles are pretty common in personal injury cases. Don’t worry about these hurdles, as a lawyer can guide you through them.
How a Lawyer Will Negotiate with Insurance Companies
Experienced personal injury lawyers know how an insurance company will negotiate and how to gain the upper hand. Here is how a lawyer will negotiate with insurance companies.
Step 1: Demand Letter
Step 2: Speaking with the Defendant’s Lawyers
Step 3: Providing Evidence
Step 4: File a Lawsuit
Step 1: Demand Letter
Drafting a demand letter is one of the very first things a lawyer will do. When sending the demand letter, the lawyer will clearly state in the demand letter how much you are seeking. This number will be drafted after carefully considering and calculating your losses.
However, insurance companies will not want to pay out fair compensation. So, they will reject it. If your demand letter is rejected, do not worry. It is very common. Your lawyer will start taking the next step even before the insurance company rejects the demand letter.
Step 2: Speaking with the Defendant’s Lawyers
Next up, your lawyer will contact the defendant’s lawyer to reason with them. In this step, the defendant’s lawyer will inform you of what they are willing to offer. You can either accept the deal or counter it. Countering it will make sense since, obviously, they are not going to offer you a fair deal.
Step 3: Providing Evidence
While speaking with the defendant’s lawyer, you can bring up your evidence. The evidence you have will help you convince the insurance company that you deserve the claim you are requesting. The defendant will also bring out the evidence they have gathered. Your lawyer will argue why the defendant’s evidence is invalid.
Step 4: File a Lawsuit
If, even after providing evidence, the insurance company does not accept your claim, then your lawyer will file a lawsuit. Most cases don’t come to this stage. In fact, only 4% of cases go to trial. In court, you don’t have to convince the insurance company. Instead, you have to convince the judge and jury, which is easier since they don’t have ulterior motives like the insurance company.
Takeaway
Negotiating and obtaining a favorable deal is a hard task that can only be done with the help of an experienced personal injury lawyer. Your lawyer will help you calculate your losses accurately and acquire that amount as compensation.
