The claimant should not expect to hear about the scheduling of a trial. Seldom does a personal injury claim serve as a path that leads to a specific courtroom. A different outcome is much more likely to result from the filing of such a claim.
Most personal injury claims end with the creation of a settlement.
Indeed, approximately 2/3 of such claims get resolved out-of-court, by means of a settlement. The two sides benefit by settling. That saves time and reduces the level of risk that would otherwise be taken by each of the disputants.
The skills demonstrated by the negotiators determines the size of the settlement.
A smart negotiator does not accept the first offer made by the insurance company. The injured party (plaintiff) does have a right to file a lawsuit during the negotiations. By the same token, the injured party has the right to notify the other side about plans to file a lawsuit. Yet, performance of either action never forces the plaintiff to move forward with tentative plans for a trial.
Instead, the act of filing a lawsuit gets the insurance company to take a particular claim more seriously. When an insurer starts to view a claim more seriously, that same insurer then feels more inclined to agree to a settlement. That development should be expected, even if the insurer must acknowledge the claimant’s demands.
If negotiations fail to lead to a settlement, the 2 sides might elect to take part in a mediation session.
Statistics show that when 2 disputing parties take part in a mediation session, then the plaintiff enjoys an increased chance for obtaining a higher payout. The nature of a mediation session helps to explain the reason for that statistical observation, as per Personal Injury Lawyer in Edmonton.
When the 2 sides meet in the presence of a mediator, the insurance adjuster comes face-to-face with the claimant/plaintiff. Until that moment, the adjuster had only spoken with the claimant over the phone. It becomes especially hard to throw cold water on the claimant’s demands, when those demands have come from someone that has been placed in a seat that is just across the table, from the adjuster’s seat.
A skilled mediator understands how to highlight the strengths in each side’s argument. For that reason, a mediator’s skills might make it possible for an adjuster to gain a fuller appreciation for the soundly-based nature of the charges made by the claimant. After gaining that fuller appreciation, the adjuster’s tendency to downplay the claimant’s concerns starts to die away. Consequently, an agreement becomes a more likely result of the mediated meeting. Furthermore, a well-trained mediator relishes the chance to work with the disputing parties, and thus, to strive towards reaching an agreement.