If you or a loved one was seriously injured in an accident caused by the careless or reckless conduct of another individual (e.g. an auto accident caused by a drunk driver), you probably have grounds to pursue financial restitution through a personal injury claim. You may have even filed a claim with the insurance company and have questions about the steps that are taken to reach a settlement on your claim. The law firm Eden Rafferty is here to help. Below are answers to important questions related to personal injury claims and how these claims are routinely settled.
Parties Involved in the Claims Process and Settlement Negotiations
The parties involved in the personal injury claims process typically include:
- You, the client;
- Your personal injury attorney;
- The negligent individual, or individuals, who caused the accident;
- The claims adjuster for the negligent individual’s insurance company
In most instances, the parties that actually negotiate the parameters of a settlement on your claim will be your injury lawyer and the claims adjuster for the insurance company. If a settlement offer is conveyed by the insurance adjuster, your lawyer will contact you to relay the offer and discuss the positive and negatives of the offer.
Rejecting a Settlement Offer
It is important to understand that you, as the client, possess the ultimate authority on accepting a settlement offer. This means if the insurance adjuster makes a low-ball settlement offer, you absolutely have the option to reject the offer. In fact, rejecting an initial settlement offer is quite common. The negotiations will continue, even if an opening offer is rejected.
How Your Worcester Personal Injury Attorney Conveys the Financial Restitution You are Seeking
When a personal injury claim is filed, there is usually a demand letter drafted by your attorney. The demand letter is an opportunity to explain what happened, the harms and losses you suffered as a result of the accident, and what you are seeking in terms of financial restitution to settle the claim. The demand letter might include key pieces of evidence or legal standards that establish the defendant’s negligence was the proximate cause of your harms and losses. The information in the demand letter will likely be reviewed by the insurance company and they will likely respond with a settlement offer or they might deny your claim, depending on the specific facts of your case.
Injured in an Accident? Contact an Experienced Personal Injury Lawyer Today
The settlement process for a personal injury claim can be complex and is influenced by a multitude of factors, including whether liability is clear or contested. The complexity of this process is why it makes sense to retain the services of a skilled and experienced personal injury lawyer. Eden Rafferty is comprised of respected and knowledgeable injury attorneys with over eight decades of collective experience and strong track records of achieving positive outcomes for our clients, including those seeking maximum compensation for an injury suffered in an auto accident. Contact our law firm today to schedule a free, confidential case review.