This process aims at resolution of a dispute. The plaintiff and defendant have differing ideas, with respect to the appropriate compensation. The representative for the defendant (usually an insurance company) is willing to pay only so much money. The plaintiff might refuse to accept an offer that is lower than the value of a given amount of money.
Process begins with sending of a demand letter
Working with a Personal Injury Lawyer in Waterdown, the claimant should compose the demand letter. That must offer details on the accident and on the reported injuries. It should include information on the cost of the medical expenses.
With the lawyer’s help, the claimant should be able to explain why the other party has been named as the person responsible for the accident. Those supporting the defendant should read that explanation, and offer feedback to the writer of the written communication/letter.
The letter is sent to the adjuster at the defendant’s insurance company. That should be the person that has contacted the claimant/plaintiff. Adjusters usually respond to the written demands. That response often includes mention of any weaknesses in the claimant’s arguments. Claimants then have the chance to tidy-up their arguments, so that their case becomes stronger. Eventually, the adjuster’s office receives a new set of demands, along with a stronger claim.
Start of negotiations
The negotiations begin when the adjuster has provided the claimant-lawyer team with an initial offer. The same team studies that offer, and must decide how to respond. Lawyers know that it does not pay to accept an opening bid.
The adjuster receives a counter offer from the other side. That should be a bit lower than the demand, but higher than the initial offer. Usually, the adjuster responds by presenting a new bid, one that is a bit higher than the first one. The exchange of offers and counteroffers continues until both sides have found a certain figure to be satisfactory. That should mean that the 2 sides are ready to settle.
The claimant-lawyer team asks for confirmation of the number that was discussed on the phone. The same team should ask when the compensation could be sent to the plaintiff’s lawyer.
If the defense attorney has confirmed the figure/number discussed, then that attorney’s office would get busy creating a release form. The claimant must sign the form, if his or her lawyer has found it to be acceptable. Once signed, the form gets sent to the defense team.
The check with the compensation gets mailed to the claimant’s lawyer. It is the lawyer’s job to pay off any liens, and to take the agreed-upon fee. Then the rest of the money must be sent to the waiting client.