Thursday, August 18, 2016

Injured in a car accident? What are the major aspects of settling your accident claim?

For the most part, most car accident cases are settled out of court since it mutually benefits the plaintiff and defendant who seek to avoid lengthy and expensive litigation. However, St. Louis, MO accident lawyers point out that there are several elements that plaintiffs should be aware of whether they settle an accident insurance claim out of court or file a personal injury or wrongful death lawsuit.

The importance of the demand letter

It all begins with the demand letter which is the basis for negotiations. It is through this letter that the plaintiff is expected to present the insurance company with a compelling case for compensation. The demand letter spells out the facts and circumstances of the case and also provides details of treatment and an account of the medical expenses and loss of income incurred due to the injuries.

The demand letter will also contain the amount expected as compensation from the insurer. Missouri accident attorneys suggest that it is paramount to quote an amount higher than what you deem as a fair settlement at this stage.

Negotiating compensation

Once the demand letter reaches the insurer, you will have to wait for some time before you get a response. This is because the insurer will investigate the facts in the letter, which is a time-consuming process. Following an investigation the insurer will send you a counter offer, which could potentially be nowhere near your expectations.

Did someone hit you? You need a St. Louis, MO accident lawyer on your side. Do not sign anything with the opposition until you have secured legal assistance. If you do not think things can get worse for you, you are incorrect. 
This is done intentionally to leave room for negotiations, which is also why accident lawyers in St. Louis, MO recommend that you reject the initial offer and send a counter offer. This offer ought to be modestly lower than the first amount quoted in the demand letter.

By this stage negotiations will have commenced and will continue for some time. If the insurer suddenly stops responding you can either seek mediation or provide additional proof such as pictures of your injury or statements from your physician to resume the process.

Mediation

Mediation is a process by which a third party that is usually an experienced personal injury litigator who attempts to bridge the gap between the parties and steer them towards an amicable out of court agreement. The role of mediator is to make both sides understand the strengths and weakness of their case.

At some point negotiations may reach a stage where you will want to wrap things up and accept the offer. However, run a quick check to ensure that you have included all the bills and expenses. This is because you will receive the check only after you sign a release stating that you will not sue the insurer or their client.

If you are a victim of an auto accident and are confused about whether to settle or sue, make sure to reach out to a Missouri accident lawyer. You are sure to be less vulnerable to any intimidating tactics adopted by the insurer and their legal reps if you hire a litigator.

Now if you want to see intimidation you can watch the movie Con Air and the way Diamond Dog (Ving Rhames) acts. In particular, you can look at the way Diamond Dog looks at Cameron Poe (Nicolas Cage) when Poe lets everyone know he wants to remain on the plane. That is suspicious to Diamond Dog and other criminals on the plane. But Poe reasons with them and is allowed to remain on the plane.

That is intimidation! This is why you hire legal help so your legal counselor fights back that sort of behavior. This is why you need to press right here Accident.USAttorneys.com. If you have any questions, contact us. No worries, there is no Diamond Dogs here! 

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