vendredi 26 décembre 2014

Why Some Personal Injury Cases Fail To Settle.

By Lance Williams


Victims of motor vehicle accidents in Gastonia, NC may be eligible to receive compensation, in the form of a settlement, from the insurance company of the at-fault driver. What many people don't know is that most Personal Injury cases settle outside the courtroom. There are two reasons why most don't go to trial: first, because taking PI cases to trial is both costly and time consuming for all involved and, second, because it's easier for the victim and insurance agency to agree upon a fair price for compensation. However, some Personal Injury cases aren't reached through settlement. Here's why some Personal Injury cases in Gastonia, NC fail to settle.

Many Personal Injury claims fail to settle because insurance companies deny the offered claim. Claims are put on the desks of insurance adjusters and they evaluate whether they, and the insurance company, are legally required to pay any amount of money to the victim of a motor vehicle (or some other) accident. Before making the final decision, the insurance company investigates the case behind the Personal Injury claim. These investigations, however, lack thoroughness and contain bias because the investigator is inclined to help out the insurance agency and not the victim.

Another reason personal injury cases fail to settle is due to an inadequate settlement amount offered by the insurance adjuster. Typically, extending a low settlement offer is a common first step in negotiations by an insurance adjuster in order to limit the payout. However, most insurance adjusters will use that number as an initial offer and are willing to negotiate up to an amount that works for both parties. In certain rare situations, either due to the adjuster's attitude or negotiation style, the adjuster will refuse to budge and offer a reasonable settlement. Because of this, the insurance company refuses to negotiate a reasonable settlement and the victim decides that it is not worth the time and money required to pursue the claim further.

If an insurance company fails to offer a reasonable settlement or denies a claim, here's how to proceed. Don't be deterred by the denial or stubbornness of insurance companies. Insurance adjusters and companies often use this tactic to drive people away from pursuing legitimate and reasonable settlement claims. In many cases, the victim's claim is real and valid and an experienced personal injury, skilled in negotiating with insurance adjusters and companies can make sure that your claim is recognized, accepted and settled. Even more, a personal injury attorney can aggressively approach insurance companies by filing a lawsuit, which begins the legal process of bringing a personal injury case to trial. Filing a lawsuit inclines both the defendant and the insurance company to settle rather than go through the legal and financial hassle of court. Because they thoroughly understand the negotiation process involved in settlements, Personal Injury attorneys can shorten the process and make sure you get what you deserve.

If you or someone you know has been involved in a car accident, don't hesitate to Contact Us at Minick Law, P.C. for a free consultation with an experienced personal injury attorney about your case.




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