Every measure of the personal injury claim process impacts the final settlement value. Sometimes, regardless of the damage and injury, not all cases end up the same. Some people receive the right amount they desire, while some do not deserve what they get. Perhaps that is because some individuals are not handling their cases well or maybe doing things the wrong way. Some are not consulting a lawyer, and others tend to let it go. As a result, some receive a settlement claim, and some do not.
Mediation Process For Resolving Personal Injury Claim
Studies show that almost a huge percentage of personal injury cases settle before reaching a trial. Perhaps that is due to the mediation process involved. It serves as an affordable and less-hassle process of getting a fair settlement of a case. In certain jurisdictions based on some countries, mediation for a personal injury claim is mandatory. That is because it provides effective communication between a claimant and the insurance adjuster. There is the value of creating an impact of what an assessment should worth.
How Does It Work?
Usually, personal injury mediation gets scheduled for a half or full-day, depending on the required schedule that both parties agreed upon. There are five participants involved in the mediation. There are the claimant and his lawyer, the insurance adjuster, and his lawyer as well, and the mediator. These five individuals get set into a situation where they discuss how both parties could end up in a win-win resolution. That is without resorting to an expensive and draining process of going to trial. The mediator, in this particular instance, tries to narrow down the issue by finding both parties’ common ground. He is responsible for reminding both parties about the benefits of a successful resolution instead of dealing with the expenses and complications of a lengthy trial. Typically, the process of mediation begins by allowing each side to speak and listen to each other. It gives a claimant a chance to express how difficult his situation is due to the effects of the incident. Also, it gives the insurance adjuster a chance to think about the possible ways to hand out reasonable settlement offers.
When Does It Most Likely To Succeed?
The process of having a positive settlement result from the mediation must be organized. That is because insurance adjusters often attend to personal injury mediation with the value they believe is enough settlement for the claimant’s case. That is, of course, based on the evidence they gathered from the claimant’s lawyer. But if the lawyer managed to give a job well-done, the insurance adjuster will start to process the necessary action to work on the claimant’s settlement request properly. That is when the claimant never agreed to the value the insurance adjuster tends to offer at first. The mediation can impact the settlement case by allowing both sides to study more about both parties’ win-win situation.
Mediation can be a good thing too. But for some quite massive damage and life-long injuries, one also needs to consider a trial still.
Whenever there are tort claims, regardless of what it is about, intended or not, through negligent acts, or by strict liability, there are two fundamental issues there. They are liability and damages. If you got damaged, then will the defendant be liable for it and what are the extent and nature of these said damages? If you can prove them, the justice system will reward you compensation. Continue reading “Overview On Personal Injury”
A vehicle accident can cause personal injuries and sometimes wrongful death cases. By that, some people become unable to process their loss. There is too much damage involved, and often, it gets disregarded due to a lack of knowledge in doing the right thing. However, for those individuals who understand that insurance companies can assist them on that matter, they make an effort to process the needs for a settlement claim. But how would you know if the insurance is being honest with you? Here are some of the secrets these insurance companies are trying to hide from you.
Recorded Statements Can Hurt Your Claim
As much as you thought that getting a statement is an insurance protocol, you must not give into it. Insurance companies will try their best to encourage you to hand out a recorded statement. The primary purpose of this is to reduce the amount of settlement money that they will have to pay you once you start processing your claim. The whole idea of recording your statement is tricky. So before giving any explanations, you might as well consider asking for a lawyer’s help.
The reason why a recorded statement is so dangerous is due to the questions designed to get used in going against you later. Some of it may seem typical questions, but its purpose is to put you in a situation where you can no longer use your words against them. People often make mistakes in doing this because they either think that they have to give a statement or else the insurance company will not pay their bills or even fix the car.
One of the most frequent questions that insurance companies will try to ask is the type of injury you get from the accident. When you miss out telling them one injury you have, the insurance companies will use it against you and later accuse you of lying. With that, your credibility will become an issue. The insurance companies will note that you are only indicating your forgotten injury to the sole purpose of creating a profit out of your claim. But in fact, that is not the whole truth.
If it is not at all clear, insurance companies’ desire to get an immediate statement from you is due to the purpose of confusing you. There is this idea of making you guess what happened in the accident. So when you make a recorded statement about the things you are not sure about the incident, you can never take that information back. There is no way you can change those details even if you tend to remember things accordingly right after the interview. And when you present that changed details in your case, the insurance companies can use it against you by implying that you are only exaggerating things.
So if ever you experience a car accident, the first thing you will have to do is not give a statement and seek a professional advisor. Do not allow the insurance companies to take a step ahead of you if you want to get that personal injury settlement you deserve.