I was injured in a car accident; how can I ensure a fair settlement for my accident claim?

For the most part, individuals seldom file lawsuits to settle accident claims. Since litigation requires both time and money most parties involved tend to settle an accident claim outside of court. Usually, claims are paid by the at-fault driver’s insurance company who is in effect responsible for the damages.

Accident lawyers from Upper Marlboro, MD know they can be horrendous. 

 Therefore, your task as a victim in an auto accident is to make the insurer realize that your damages are real. There are certain steps that you ought to follow to initiate a potentially successful car accident claim with an insurance company, suggest accident lawyers from Upper Marlboro, MD.

We have seen movies and shows where people fake injuries. We have seen people show up to court with a neck brace on for a nonexistent neck injury. Now Michael J. Fox’s character in The Good Wife, Louis Canning, does really have a disability since we know he has Parkinson’s. There are ways to find out to see if someone is faking that injury but that takes time and costs money. But if someone is caught faking an injury that will not only shatter their credibility they can be charged with a crime for fraud.

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The Demand Letter

The demand letter is primarily what sets the negotiation process in motion. In the letter you need to provide details of the circumstances that led to the accident as well as the financial and the medical issues suffered after the car accident. The letter must contain proof of medical bills, loss of wages, and other losses and expenses incurred. A detailed calculation of all your financial losses must be enclosed but remember the final amount that you demand must be much higher than the actual amount you want.

The letter should be drafted in a manner that it presents the strongest possible case for a claim. Before drafting the letter it would be prudent to speak with an accident attorney in Maryland for scrutiny before it is sent to the insurer.

If you have kids in the car, you need to be paying even closer attention. 

The Negotiation Process

Once they receive your demand letter the insurance provider will take some time to evaluate the letter. If they believe your demand is higher than expected then the insurer’s investigators will conduct further investigations.

This will take time but you will receive a counter offer which is usually substantially lower than your quote. Remember, the insurance company will potentially have a higher claim amount in mind so do not offer to settle right away, and accident lawyers from Upper Marlboro, MD know this on a first hand basis.

Ask your legal counselor to draft a rejection letter, citing reasons why the amount does not meet your expectation. For example, provide details to prove that the amount does not cover your bills or is not sufficient enough to compensate for your pain and suffering. The letter must include a counter claim lower than the initial claim but considerably higher than the one made the company.

Mediation

If negotiations stall then mediation is one of the ideal alternatives to reach a settlement. A mediator is a neutral party who will meet with both the claimant and insurer’s representative and the legal representatives in an attempt to resolve the differences.

The Final Settlement

At some point during the negotiation process you might be satisfied with an offer and will want to conclude the settlement. You will have to sign a release which states that you will not pursue litigation to claim damages against driver once your claim is settled.

If you are injured in an auto accident, it would be prudent not to negotiate a claim on your own. Insurers are always ready to drive a hard bargain and will make an attempt to have you agree to an arrangement where they will pay as little as possible. Just make sure to reach out to a Maryland accident lawyer for help.