According to stats, most car accidents do not go to trial. Instead, parties to a car accident reach an agreeable settlement before going to court.
The best way to get a fair settlement for a car accident case is to present it in the most compelling way to the other party and the company covering their car accident compensation. This process starts with a demand letter and proceeds with negotiations. In this article, we will discuss how to set your car accident claim.
The demand letter
A demand letter contains the facts and circumstances of an accident and subsequent medical treatment. It serves as a prerequisite for settlement negotiations. It also provides an injured person an opportunity to present his or her case to the opposing party and their compensation company.
A well-drafted demand letter contains a detailed overview of the events before and during the accident. This letter also explains the medical treatment received and the accounting of everything from medical bills to lost wages. This letter asks for the amount of compensation money significantly higher than the injured party would accept. That’s where the negotiations between the parties begin.
Negotiating after an initial offer
The compensation company will review your demand letter and any other documentation you provided. The adjuster will make a settlement offer. It could seem like an underestimated offer, but don’t be surprised by that. The adjuster usually has a higher amount of allotted money than he initially offers. That is why you have to refrain from accepting that first offer.
You can respond to that initial offer by preparing a written response. That response fundamentally declines the initial offer. It should explain why that offer is unacceptable. You can tell that the initial offer did not cover all of your expenses, or it doesn’t talk much about the pain and suffering after the accident.
Back and forth negotiations may continue for a while. If those negotiations are not much fruitful, you can provide some additional information, such as a letter from your doctor or photos of injuries or scars that continue to remain painful.
Sometimes, the negotiation may reach a standstill. At this point, both parties can agree on allowing a third party to intervene to help reach a settlement. A mediator is usually a car accident lawyer who has extensive experience dealing with personal injury cases.
The mediator usually offers a fresh perspective by pointing out the weaknesses and strengths of the case put forward by each party. The job of a successful mediator is to bridge the gap between both parties to help them reach a fair and agreeable settlement.
Accepting the offer
Whether through simple negotiation or mediation, you and the opposing party will come to a point of agreement. That’s where you can get a settlement. However, be sure to double-check everything before accepting the offer. You have to see if it covers your medical bills and other expenses that arose due to the accident.
Remember, the best way to take your car accident injury case forward is to hire a car accident lawyer. That way, you will have a skilled person representing you throughout the case.