Every claimant expects to know beforehand how the insurance company may value their claim. To get compensated for losses resulting from negligence, you must be sure to deal with one or more insurance companies. Before filing any claim, you must notify all the parties you think caused your injuries due to negligence. Excellent communication helps you have firm grounds when seeking compensation. All in all, the insurance company has to thoroughly investigate your case to determine whether their insured was indeed liable. If this is the case, you’re more likely looking for information on how the insurance company will develop your injury settlement.
How Your Injury Claim Will Be Evaluated
In any accident claim, negotiations start when the adjuster is aware of the losses you incurred in the hands of their insured. The adjuster begins the process by collecting relevant information from you or your lawyer. Besides, they also get information from police reports. They realize that a police report provides unbiased information about how the accident happened and who was involved. Working with a personal injury attorney in Alaska is always advisable to receive total and fair compensation. The insurance company will consider the factors below when evaluating your claim. They include:
- Why you think their insured is legally responsible for the injuries you suffered: When giving details as to why you believe the defendant is liable, you don’t have to present every detail of how the accident happened. You should only point out what the other driver did. For instance, if you say the driver failed to yield right of way, this clearly shows who was at fault.
- The nature and extent of your injuries: There is no other factor known to affect a settlement claim other than the nature and extent of injuries. The insurance adjuster knows that a traumatic brain injury may cost them more than a leg or a knee injury. The most challenging part is giving details of damages, such as pain and suffering. This is when the role of medical experts steps in. An expert can determine whether you suffered from soft or hard injuries and whether they may result in temporary or permanent injuries.
- Any other loss incurred: If you were involved in a car accident, you might have incurred property damage. Besides having a damaged car, you may have lost valuable items such as a laptop or personal clothes. If you incurred both personal injury and property damage claims, you might have your property damage claim as a part of your large claim or as a standalone lawsuit.
- The kind of medical treatment you have received: You should only give details of your medical condition once you know the severity of your injuries and the treatment that the damages will cost you. You should tell the adjuster you have no information unless you get enough points, keeping in mind that you don’t have to give any details to your treating doctor. Giving details in sections will only amount to a low settlement or your claim denial.
If you come up with a reasonable argument, the adjuster may spend less time arguing against your claim. Once determined that you were not at fault, the insurance company hastens to provide you with a fair settlement.
Making A Formal Claim For Your Injuries
Once it’s clear on the injuries and losses you have incurred, your lawyer should develop a well-drafted demand letter requesting reasonable payment. If it’s clear that you were not at fault, the insurance company will come up with an offer that best suits your claim. It’s worth noting that no matter how the insurance adjuster seems to have accepted their insured was negligent, they will give out a low settlement offer. Your lawyer is best suited to argue over the matter. Typically, a negotiation may consist of a few phone calls if:
There was a well-organized demand letter.
All the supporting documents were available.
Your lawyer highlights the vital points as to why you deserve the amount on the demand letter. It’s always advisable to have a settlement figure in mind that should not be revealed to the adjuster. This is what you believe you should get after the negotiation process. If the insurance company fails to give you an offer within your range, you don’t have to accept it,
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Instead of receiving the compensation, the insurance company may issue a “reservation of rights” letter if they find out the accident was not covered under the policy. They should inform you that they will further investigate your case. In such a case, you can consult a personal injury lawyer to protect your legal rights.