While many men and women like to watch TV programs or movies with a courtroom scene, most personal injury cases end with an out-of-court settlement. That usually entails completion of a simple process.
Demand letter
The claimant must send a demand letter to the adjuster in the insurance company for the responsible driver. That letter contains the details about the accident, along with a detailed explanation of the treatment prescribed for the victim’s injuries. In the demand letter, the claimant or their Personal Injury Lawyer in Edmonton states how much money he or she expects to receive, as compensation for the accident-related losses. The amount demanded is not the smallest amount of money that the claimant is willing to accept from the insurance company.
Possible responses to demand letter
The adjuster might respond by introducing a low-ball offer. Introduction of a low-ball offer should cause the claimant to seek an explanation for the low amount. The claimant’s response should spell out the reasons why the adjuster’s bid is unacceptable. Alternatively, the adjuster’s response could be an acceptable counteroffer. If that proves to be the case, then the 2 sides must continue to exchange bids, until they both agree on the figures in one particular bid.
The insurance company hopes that the claimant will agree to settle while the presented offer remains low. Still, lawyers always warn their clients not to settle until they have reached the point of maximum medical improvement. All claimants must sign a release, before becoming the recipient of the promised compensation. If the adjuster and the claimant do agree to settle, with both sides accepting the figures in one specific bid, then the claimant must send the adjuster a letter. In that same letter, the claimant needs to ask for confirmation of the agreed-upon amount. In the same document, another of the claimant’s requests gets made. The adjuster is asked for the date when the insurance company will be sending the anticipated check.
In the meantime, the claimant’s lawyer gets his or her client to fill out the release form. Once completed, the release form gets sent to the insurance company. Unless the insurer finds some problem with the release form, the adjuster responds to the claimant’s letter, and gives the date when the check with the compensation should be sent to the claimant’s lawyer.
Once the lawyer gets that check, then he or she makes sure that it clears the bank. After that, the same lawyer removes an amount of money equal to the agreed-upon consignment fee. Following the completion of that operation, the lawyer’s staff sends the bulk of the funds to the claimant/client. The lawyer’s staff also handles one other task. It pays the subrogation fee to the client’s health insurance company.