When you experience injuries due to the carelessness or negligence of another person, you have a legal right to pursue compensation for your damages.
However, the other party may not see it the same way.
This difference in opinion could lead to an unfair settlement offer, starting a negotiation process for due compensation. This process could be resolved quickly or take some time. In extreme cases, it could even result in the court determining the settlement value.
Before Reaching a Settlement
Even when you have a valid personal injury claim, it is best that you get immediate medical attention before considering your settlement. A doctor will establish a treatment plan for your injuries. It is essential for a Houston personal injury lawyer to have as much information possible about your current and future medical needs. After a doctor has established the cause, severity, and duration of the injuries, a lawyer will be able to begin the process working toward recovering a fair settlement.
Reservation of Rights Letter
The insurance company will send a reservation of rights letter to the crash victim about their claim, essentially telling you that the insurance provider is investigating your claim. The letter will also disclose how the insurance provider is reserving the right not to cover any damages if it determines that the crash is not covered under the insurance policy of the relating to the crash victim. A Houston car wreck lawyer knows that a reservation of rights letter is nothing that you should worry about. The intent of this letter is to protect the interests of the insurer by letting you know that it only will pay what is covered under the insurance policy.
What’s the Value of my Injury Settlement?
A skilled personal injury lawyer will have a set settlement value in mind before reaching out to the insurance company. This amount will be based on many different factors. Future economic losses will cover diminished earning capacity or the ability to earn income after the incident. Other factors could include everything, from lost wages to property damage, loss of consortium, medical bills, and more. After all the relevant factors have been considered, your lawyer will know the real value of your case.
Demand Letter
Your lawyer may start the settlement negotiation process by sending a demand letter to the insurance provider. This will offer the details of the requested details and the reason for the proposed settlement value. It may end with a statement about going to trial if their client does not receive satisfactory compensation for their claim. The next communication between the attorney and the insurance adjuster will probably be a phone call to discuss the settlement further.
Policy Limits
Your lawyer will know the limits of an insurance policy and how it will affect your ability to recover fair compensation. They will also know that the insurance provider is unable to provide a settlement that exceeds the limits of the policy. Many lawyers will request the full value provided by the policy in their demand letter. When the insurer denies this request, the lawyer will ask for a reason for the denial. This will put the insurance company on the defense and in a position where they will have to clarify its reasoning. Dealing with the insurance providers can be a laborious process. This is why hiring a qualified Houston car accident attorney is critical. Your lawyer will know how to use the reasoning of the insurance company against them in order to obtain the best possible settlement amount.
Strengths of the Claim
Your lawyer will know how to use the strengths of a claim to your advantage during the settlement negotiation process. Your lawyer will know the case much better than the insurance adjuster, and he or she will understand how the crash impacted your life. Things like the other driver’s direct violation of traffic law, resulting in the crash, will be a benefit. The other driver being intoxicated, being distracted, or having a history of moving violations can make your case that much stronger. Your attorney will know how to express to the insurance adjuster that their offer for compensation is low and can offer details on their reasoning. Understanding the strength of the claim is important in order to obtain optimal compensation for your case.
Initial Discussion
When a lawyer makes the initial call to the insurance adjuster, both sides will discuss their perspectives on the strengths and weaknesses of their proposed settlement value. It is the job of the insurance adjuster to pay as little as possible for the claim. The initial amount offered by the adjuster will likely be much lower than what was requested in the demand letter. Your lawyer will counter with an offer that is higher than what was offered, but likely lower than their initial offer. In most cases, many phone calls will be made between your attorney and the adjuster. Eventually, both will agree on a figure.
Settlement Details
The settlement process is complex. Settlements cover a number of concerns, including emotional factors, damages, injuries, current and future income, and other factors. When your lawyer and the insurance adjust agree on a settlement amount, it will be put in writing. This agreement will exhibit definite amounts to be paid for the case. The document will also state a time when the settlement amount will be paid along with other details. All this information will be explained before you sign off on it.
Houston Personal Injury Attorneys
The state of Texas is one of the worst when it comes to car crashes. There hasn’t been one day in the state without a crash since November 7, 2000. Someone was killed in a Texas car crash every 2 hours and 25 minutes in 2018, and 249,241 people were injured in wrecks that same year.
After a car wreck, you’ll probably find yourself in serious pain —and with a ton of unexpected debt. It’s easy to become overwhelmed dealing with the aftermath of a crash and making choices on what to do next.
That’s why you need the help of a Houston car crash lawyer to help you make the right choices and secure the compensation you need and deserve. The team of personal injury lawyers at the West Loop Law and the Law Office of Nhan Nguyen, MD, JD will fight for your best interests. We treat every case with equal importance, and we focus on getting the effective results our clients deserve. Contact our law offices today at 713-840-7200 to discuss your case with a lawyer who cares.
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