How To Preserve Victim’s Right To Be Made Whole?

The person that has been injured in an accident has the legal right to seek a means for becoming whole again. Hence, that injured victim can use the legal system to seek compensation from the responsible party.

Actions that should be taken by victim

• Secure the needed documents: Contact information for those involved in accident, and for any witnesses
• Photographs of any damage and of the accident site
• Medical records: These should come from a doctor, hospital or clinic, depending on where the victim first sought medical attention.
• Obtain an estimate for the repair work that needs to be done on the damaged vehicle
• Prepare a demand letter, and send it to the insurance adjuster. Negotiations begin when the adjuster responds to the letter and introduces an initial offer.

Guidance for victims that must negotiate with an adjuster

Exercise patience, when dealing with the adjuster. Do not make unreasonable demands. Allow time for operation of the process used by the insurance company.

Demonstrate persistence: Follow-up on any calls or requests. Maintain contact with the adjuster’s office. Do not hesitate to ask for the date when requested information should be available.

When might an adjuster’s actions signal the need for a personal injury lawyer?

A victim/claimant should consider retaining a lawyer if an adjuster has promised payment of an agreed-upon settlement, but has chosen to delay the delivery of those promised funds.

A victim/claimant should consider retaining an attorney if an adjuster appears to be blocking the delivery of a settlement payment.

A personal injury lawyer in Edmonton could offer help in either situation. Personal injury lawyers have the ability to file a lawsuit. That action can show that the lawyer’s client means business. Adjusters’ records suffer, whenever their records provide evidence of a claimant’s dissatisfaction, especially if that dissatisfaction had taken the form of a lawsuit.

Any victims that have encountered a challenge to their allegations, regarding the identity of the responsible party, might also want to hire a personal injury lawyer. An attorney has the skills needed for supporting a client’s allegations. That support can alter an adjuster’s behavior.

Whenever an insurance company questions the allegations that were made by a claimant, it infringes on the claimant’s/victim’s right to be made whole. An attorney should be able to strengthen a victim’s/client’s case. In that way, the attorney’s actions yield results.

The stronger the case that has been presented by the victim/claimant, the greater should be the chances that the challenges to the submitted allegations could lose their power. That would then translate into a higher offer at the start of negotiations. A higher figure at the start should aid agreement on a better settlement, in other words, a fairer compensation.