Most car accident claims will never go to trial. Instead, to help everyone involved avoid expensive and time-consuming litigation, the claim would most likely be resolved through a mutually agreeable settlement. However, you still need to collect evidence and advocate for yourself during the settlement negotiation process to make sure you receive the best result possible.
Your first step should be to draft a demand letter, working with your lawyer. In this letter, you would lay out all the facts of your case, including details of the accident and all the medical treatment you received. Don’t hold any evidence back — this is your best opportunity to present a strong case to the insurance company. The letter should also contain the amount of money you “demand” in the settlement, which is an amount that would typically be a little higher than what you could realistically expect to receive. This gives you and your legal counsel some room to negotiate.
Once you have sent your demand letter, the insurance company will have an opportunity to review. Then the negotiation process begins. The first offer you receive will likely be lowballed, as the insurance agency knows you will try to negotiate a higher payment. You and your attorney would then work on a response to the first offer.
If negotiations hit a stalemate, you may need to bring in a third-party arbitrator to help mediate the process. This person is usually an attorney with significant experience in settling personal injury lawsuits. Once you have decided to accept an offer, make sure it covers all of your unpaid bills and gives you reasonable compensation beyond attorney’s fees.
For further assistance with the settlement negotiation process, work with the skilled Bradenton personal injury lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh.