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.
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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