Basics of the Settlement Process
(Melbourne, Florida) – November 11th, 2015 – Car accident cases seldom go to trial. To avoid a protracted and expensive litigation, the parties involved in a car accident claim often arrive at a settlement that is mutually agreeable, before it goes to trial. However, whether you choose to settle or take your case to court it is always prudent to hire a candid and wonderful Florida accident lawyer.
The best way to increase the prospects of an acceptable settlement in a car accident claim is to present your make a convincing claim to the car insurance company through a comprehensive demand letter and negotiations that follow.
A Significant Demand Letter
According to Melbourne, FL accident attorneys, in a demand letter, the injured party explains the circumstances and facts of the car accident along with evidence of medical treatment and other documentation in order to prepare for the negotiation process. For the most part, the demand letter is the injured person’s best opportunity outside of a court, to offer a compelling claims case to the insurance company.
A well-composed demand letter must include a narration of every event leading up to the time of the accident and after. This includes in-depth information of medical treatment received, and accounts of every medical bill as well as lost wages. Normally, this demand letter ought to contain a request for a sum of money that is much more than the amount the injured party would reasonably accept. This leaves your Florida accident lawyer enough room to negotiate and drive home a hard bargain with the insurance company.
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Negotiating after an Initial Offer
Upon receiving the demand letter, the insurance company will review the letter and any other supporting documentation you provide. Usually the insurer will initiate an initial offer in order to settle your claim. The first offer is often much less than that mentioned in the demand letter. Melbourne, Florida accident attorneys recommend that any accident victim ought to refrain from accepting the first offer they receive from the insurance company.
To respond to this first offer, you or your legal representative ought to draft a written response, declining the offer. Your response should stress the reasons why the offer is not acceptable. For example, the amount may not cover your medical expenses. The next step is to make a counter demand, and leave room for further negotiations that could continue for some time.
In case these negotiations are not fruitful, it would be prudent to include a mediator to facilitate a settlement. A personal injury mediator is usually an accident lawyer experienced in settling as well as fighting car accident cases in court. A successful mediator can close the gap between the concerned parties and help them arrive at an amicable resolution. Hopefully!
Accepting the Offer
Typically, the negotiations or mediation efforts could compel the insurance company to make a satisfactory offer. If the insurer does, it is prudent to ensure that this offer covers any medical or other bills that remain unpaid along with compensation for pain and suffering, after deducting the legal representative’s fees.
In the final step in the settlement process you will need to sign a “release”. This is a binding legal document, stating that in lieu of accepting the settlement money, you won’t make any further claims for damages caused by the accident. Remember, these procedures necessitate the services of an experienced Florida car accident lawyer so don’t hesitate to consult one as soon as possible.
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Basics of the Settlement Process