Possible Reasons For Lack of Fair Settlement When Car Accident Case Resolved Out-of-Court

Sometimes, the victim of a car accident has viewed his or her injuries as minor, and has hesitated to hire a lawyer, for assistance during the pre-settlement negotiations. That decision to deal with the situation in the absence of a personal injury lawyer in Richmond Hill could cause the same victim to ruin any chances for a fair settlement.

The victim might fail to seek medical attention during the 24-hour period that followed the accident.

That would result in the absence of any medical records. In the absence of such records, the insurance company could accuse the victim of a failure to monitor the effects of any mitigating factors. Hence, the victim’s case would be much weaker than it needed to be.

The victim/claimant might fail to send the adjuster a demand letter

Some claimants simply report the accident and then wait for the adjuster’s call. The absence of a demand letter could keep the adjuster from making a reasonable opening offer.

The same victim might remain unaware of the need for another letter, after receiving a low-ball offer.

In that second letter, the victim’s words should make it clear that he/she has declined to accept the low-ball figure.

At the same time, the victim should introduce a request in that second letter. That would be a request for the adjuster’s reason for coming forward with such a low bid.

Furthermore, the second letter’s strength would not be great, due to the victim’s inability to review the points made in the non-existent, communication, the one with the demanded compensation.

Not all victims understand how the claim’s process is supposed to proceed.

If a claimant has rejected an offer from the insurance company, then that same claimant should present a new demand.

Claimants that have hired a lawyer can receive useful guidance, when trying to decide on the figure to present as the old and rejected demand’s replacement

Claimants without an attorney might not know when to initiate any pre-settlement negotiations

Those with an attorney should be told to delay any negotiations until the injured victim had arrived at the point of maximum medical improvement (MMI).

The same attorney would warn against signing any release until the treating physician had stated that the victim had arrived at the point of MMI.

The claimant might agree to sign the release, despite the absence of essential information on the likelihood for possible complications, or a potential need for further treatments. That would represent commission of a major mistake, if the injured victim were still developing a condition with slow-to-appear symptoms.

Victims that have hired a lawyer seldom make that mistake. Each of them has retained some chance for obtaining what could qualify as a fair deal.

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