The Negotiation process in an injury case:
When settling a personal injury claim is almost like haggling and trying to purchase something in anoutdoor market. The insurance carrier and the attorney roughly now how much the case is based on the damages but neither of you know how much the other side is willing to pay or receive. Therefore you go through a stage to test each other and hopefully come to a compromise.
Subjects of Negotiation with an Adjuster:
During negations the insurance adjuster has a right to ask questions and dispute facts in an attempt to limit right to compensation. Some question they would ask iswhether the insurance policy actually covers the incident? Which party is at fault? Whether the type and duration of procedures or therapies were medically necessary and if there are any pre-existing injuries.It is important to limit your conversation with the carrier and let your attorney handle the talking.
You need an attorney for any serious injury cases or any case requiring specialized legal expertise. Attorneys obtain experience in negotiation settlements and can file a lawsuit if necessary. They devote the large amounts of money and time needed to bring a case to trial. Personal injury matters are generally contingent based on what an attorney would win therefore the injured person does no need to pay anything unless the attorney wins or settles their case. Advance costs in lawsuit can include hiring expert witness and private investigators, paying for court reporter, depositions and much more.
Cases that require an attorney generally need to meet a certain threshold or injury such as a wrongful death, dismemberment, major disfigurement or scarring, compound fractures, permanent loss of use of a body organs, paralysis, or long term disability.
Therefore it is imperative when you get into an accident to contact an attorney in order for them to evaluate your case and give you a feedback on your chances to obtain money for your damages. Generally, most injury cases are evaluated free by attorneys.