Many of us know what the term “personal injury” means, and many of us can even explain how personal injury law works – at least a little bit. However, not many of us understand the various steps and processes that occur whenever someone is injured due to carelessness or negligence of others (and in some cases personal injury law includes wrongful death cases too).
This is unfortunate because it often puts people at risk when they do sustain a personal injury. They may not realize that there is no obligation for them to settle with the insurance company’s first offer. They may not know how the whole negotiation process works. And worst of all, some may take far too little to compensate them properly for the costs associated with the personal injury they sustained.
Work with a Professional
Essentially, the first step in any personal injury case in Las Vegas is to get in touch with an attorney. This is to be absolutely sure that you will get the best possible outcome from whatever negotiations are done. While you could, technically, handle the steps we’re about to outline below, it is best if you have someone familiar with personal injury law in Las Vegas to draft documents, review everything received, and build your case in the event it has to go to court.
You cannot negotiate forever, and an insurance company may know that you are not a legal expert. They can then keep negotiating with you until the statute of limitations runs out (two years) on your case, and you walk away with absolutely no compensation.
What an Attorney Will Do?
So, we know you shouldn’t do the negotiations, and we know that negotiating can get you the compensation you deserve. Working out some sort of settlement with the insurance company will also end up saving you time and legal costs, and these things cannot be ignored.
Your attorney will draft what is known as a “demand letter” letting the insurance firm know that you feel you are owed compensation. This letter often has to include documents that support your claim (evidence that the insurance company’s client is the one at fault). This is the very first step for opening up negotiations, and as surprising as it sounds, many cases are resolved with a few telephone exchanges.
It helps if you and your attorney work out a settlement amount you both agree is acceptable. This is the absolute lowest amount you will settle for, and helps you not just say yes to the first offer made. If the insurance firm gives an extremely low offer, your attorney will ask the insurance company’s adjuster to explain their reasoning. If there is validity to their explanation, the attorney may encourage you to settle for a lower amount. However, an experienced Las Vegas personal injury attorney will know that the final part of negotiation is to use any emotional factors to justify the claim. This is usually when the insurance firm agrees to a figure.
After that, your attorney will get the whole deal in writing, and make sure that the terms are agreeable to you before settling your claim.