1. Sending the Demand Letter and Receiving an Offer
Upon receipt of your demand letter, the insurance company representative will read it along with any accompanying documentation provided. Usually, the insurance company will make an introductory offer to settle the claim. However, this amount is typically less than what they have earmarked to pay your claim. Thus, you should not accept the first offer.
2. Countering the First Offer and Negotiations
Your attorney will likely draft a response declining the first offer along with an explanation as to why that offer is unacceptable. The conclusion of your attorney’s response will be a counter-demand. Because such back and forth negotiations may go on for some time, and could potentially reach an impasse, it is to your advantage to have a car accident lawyer advocate for your interests.
3. Filing a Lawsuit
If you are unable to reach a settlement with the insurance company, your lawyer can file the paperwork that is needed to initiate a lawsuit. Having an attorney perform all of the work that filing a lawsuit entails can help ease the burden especially when you are recuperating from your injuries.
4. Going to Trial
A car accident lawyer can file a lawsuit for you, and will possess the requisite knowledge to achieve mitigation of any possible defenses introduced by the other side. In the event your case does not settle, your lawyer will have the necessary knowledge and expertise to skillfully prepare your case and go to trial on your behalf. Your lawyer is your advocate who acts for your benefit during the claims process and in court. As your champion, your lawyer will make certain that the judge, jury and other attorneys hear your version of events, which led up to and caused the accident that is the subject matter of the litigation.