First, if your losses from a motor vehicle accident are serious enough to consider pursuing an action, you should consult an experienced attorney who can advise you of your rights and represent your interests. The attorney can ensure that proper notices are filed with potentially responsible persons and their insurance companies and can begin to gather the necessary information to support your claim. In other words, the attorney will work with you to obtain information such as witness statements, records of medical treatment, and expense and lost wage data to illustrate to the insurance company the nature and seriousness of your injuries. At this stage, your attorney will gather facts necessary to prove that your injuries happened as the result of another party’s negligence. In most cases, your attorney will present and advocate your case to the insurance company of the operator who caused your injuries. This is done with an eye toward opening settlement negotiations. In fact, in most cases, settlement discussions begin with a demand for compensation which the attorney formulates and conveys to the insurance company. The attorney establishes the demand based upon the nature and extent of your damages including: injuries, disabilities, time away from work, expenses, etc. The attorney’s own experience guides the process of establishing a demand and settling the personal injury claim, in conjunction with the thoughts and wishes of the injured client. Assuming that one or more of the criteria set forth in the section above have been met, in some cases settlement discussions are not immediately successful in motivating the insurance company to offer a fair amount for an injured person’s damages.
Pellegrini, Seeley, Ryan & Blakesley
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