The sending of a demand letter allows a given claimant, working with a lawyer, to step onto the path that could lead to a settlement. Creation of a persuasive letter works to increase the likelihood for achievement of a settlement.
Contents of letter
Facts, regarding what happened in the minutes leading up to the accident, and what happened at the time of that accidental occurrence
Facts, regarding the treatment that has been received by the claimant, the injured victim
An accounting for all of the claimant’s medical bills and lost wages
A demand for money as compensation: The amount requested should be more than what is expected, in order to allow room for negotiations.
Events that follow sending of demand letter
The insurance adjuster comes forward with an initial offer. The dollar value of that same offer is usually less than the value of the largest payment that the insurance company feels ready to grant to the claimant.
Personal injury lawyers in Oakville tell their clients to refuse that first offer. It is a good idea to compose a written explanation for the refusal. Ideally, the claimant-lawyer team combines that written explanation with a counteroffer. Smart claimants’ back-up their counteroffer by reinforcing the statements that were placed in the demand letter.
Possible roadblock on the path to settlement
The adjuster might fail to respond to an offer from the claimant. That could cause the negotiations to stall. Claimants with a stalled case should provide the adjuster with more information, such as additional photographs and correspondence from the treating physician. Mediation can also be considered, if the negotiations have stalled.
Steps made after the opposing sides have settled on a given figure
Claimant’s lawyer warns client to avoid settling until he or she has reached the point of maximum medical improvement (MMI).The same lawyer asks for written confirmation of the proposed agreement; also seeks information on date when the compensation should be mailed to the client’s legal counsel.
The insurance company sends a release form to the client’s attorney. That attorney has client sign the form, if the same client has reached the point of MMI. Signed form gets sent to the insurance company. The insurance company issues a check to the claimant’s attorney.
The lawyer’s fee gets taken from the issued check, along with money to cover the lawyer’s expenses. If any group has already provided the lawyer’s client with some monetary compensation, then that same group should also receive the part of the check to which it is entitled.
The money remaining gets sent to the client/claimant. At that point, the insurance company becomes free from the burden of paying the claimant for any further treatments or any possible complications.