Personal Injury Attorney: Negotiating With Insurance Adjusters
Personal injury law is a complex and sensitive field that involves understanding the intricate aspects of medical and legal jargon, as well as working with insurance companies to ensure that injured individuals receive fair compensation.
One crucial role that a personal injury attorney plays is negotiating with insurance adjusters, a process that is often a game of skill, patience, and strategy.
Understanding the Role of Insurance Adjusters
Before diving into the negotiation process, it's important to understand who insurance adjusters are and their role in a personal injury claim.
- Insurance Adjusters: Also known as claims adjusters, these professionals are employed by insurance companies to investigate insurance claims. Their primary role is to determine the company's liability and settle the claim as economically as possible.
The Negotiation Process
Negotiations usually start after the injured party (the plaintiff) sends a demand letter detailing the accident, injuries, medical treatments, income loss, pain and suffering, and any other losses they experienced. The insurance adjuster then reviews this demand, investigates the claim, and may challenge the amount demanded.
- Initial Offers and Counteroffers: The initial offer made by an insurance adjuster is typically low, intending to test if the plaintiff understands their claim's value. A skilled personal injury attorney will usually counter this offer with a well-reasoned argument substantiating their client's demand.
- Use of Medical Records: The attorney may use medical records to argue the severity of the injury and its impact on the plaintiff's life. They may also call upon medical experts to testify or provide detailed reports that substantiate the claims.
- Highlighting Pain and Suffering: The attorney must vividly present their client's pain, suffering, and emotional distress to negotiate a fairer amount. This often requires a level of storytelling to help the adjuster comprehend the victim's ordeal fully.
- Demonstrating a Readiness for Trial: The adjuster must understand that if an agreeable settlement is not reached, the attorney is prepared to take the case to trial. This demonstration of resolve can influence the negotiation dynamic significantly.
Strategies Employed by Personal Injury Attorneys
Successful negotiation often involves tactics and strategies that personal injury attorneys use to get the best possible outcome for their clients.
- Evidence: A successful claim hinges on the evidence. Attorneys must gather all relevant information, including police reports, medical records, witness statements, and photos of the scene, among others. Solid evidence strengthens the claim and puts the attorney in a better negotiation position.
- Determining a Fair Settlement: A skilled attorney knows the value of their client's claim. They calculate this by considering various factors such as the severity of the injury, the impact on the client's life, the cost of medical bills (both current and future), loss of earnings, and emotional suffering.
Negotiating with insurance adjusters is a challenging but crucial part of a personal injury attorney's role. With expertise in law, medicine, and negotiation tactics, a competent personal injury attorney can ensure that their clients receive the compensation they are entitled to for their pain, suffering, and loss.
Contact a local personal injury lawyer to learn more.