A settlement represents the resolution of dispute. A dispute arises when someone has filed a claim. Hence, the first step to negotiations is the filing of a personal injury claim.
Steps that follow the filing of a claim:
The person that has filed the claim hopes to win a fair compensation. To that end, he or she needs to hire an injury lawyer in North Bay. The lawyer’s client should expect to receive a letter from the defendant’s insurance company. By sending-out that letter, the insurance company confirms the start of an investigation.
The recipient of that letter from the insurance company ought to send-out a response. That response should take the form of a demand letter. It should contain an estimate of the losses suffered by the claimant.
The adjuster receives that letter with the estimate. The same adjuster also has his or her own estimate of the damage. Based on the 2 estimates, the adjuster comes up with a starting figure. That is the figure that will be quoted to the plaintiff, during the first contact between the insurer’s adjuster and the plaintiff/claimant.
At the time of that contact, and during succeeding contact, each side should seek to emphasize the strong points in that side’s argument. Both sides should feel free to play-up any emotional issue. Ideally, the repeated exchanges lead to a resolution and a settlement.
If the adjuster makes a low ball offer, the person that filed the personal injury claim should ask to have an explanation for that exceedingly low offer. That strategy can work to avoid the development of a stalemate. If it seems like an agreement has been reached, the adjuster should be asked to spell-out the details.
What action should be taken if there is no settlement at the end of negotiations?
The 2 sides might decide to take part in a mediation session. That is a less-confrontational way for resolving a dispute. If it works, it allows the disputing parties to avoid the headaches associated with a trial.
Understand, though, that even during the course of a trial, the 2 sides have the right to stop the process by reaching some sort of agreement. In other words, a settlement can be made at any time. It does not have to be made at the end of negotiations.
The absence of a settlement, does not mean that neither side has moved closer to the point where a compromise might be agreed-to. In fact, that is one of the reasons that it makes sense to try engaging in the mediation process. That process helps to move the parties in a direction that pushes both of them towards an agreement.