Law Offices of Anthony Carbone, P.C.

Settling a Personal Injury Claim with an Insurance Company

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Once you are injured, in say a car-accident, settling a personal injury claim with an insurance company is more than merely filing a claim. Most of the time, it will involve serious negotiations with the insurance adjusters and investigations of your claims. The insurance adjuster is not obligated to treat you promptly or fairly and will always try to low-ball you claim. This means that you need an experienced negotiator who has been in the business for years. Fortunately, Jersey City personal injury attorneys offer that. One important thing to note is that you are entitled to a chance at receiving compensation. Here is a guide that can help you improve your chances. 

Collecting information

After the accident, it is fundamental to begin gathering information and essential evidence about the accident. For starters, you will need the insurance information of the at-fault driver. Similarly, you will need to collect other details about the accident, including the location, time, date, parties, and injuries sustained. This also means taking pictures of the damage done as well as the whole scene of the accident. Further, ensure you have copies of witness statements, medical records, and police reports.

Filing claim

When to file your claim is critical—if you file too early or filing too late, it can significantly impact the result. As such, before filing your claim, it is essential to ensure that your medical conditions, including the injuries, have stabilized. Filing your claim before your body has stabilized can mean that part of your potential expenses or bill may be lost. You might rush to file a claim only to realize later that the extent of your injuries is more serious than initially thought. On the other hand, each state has its statute of limitations to ensure you do not wait for too long.

Demand letter

The first step on your long journey to settlement entails submitting your demand letter to the guilty party’s insurance company. Your letter should include details of how the accident happened and how the at-fault driver is responsible, and the extent of your damages and injuries. Additionally, your demand letter should end with the amount you are seeking for your claim.  

Remain patient during the offers

The insurance company will respond to your demand letter. However, they are not obligated to respond to your demand letter immediately. It is important to note that the insurance company is a profit-driven business and will do everything in their power to try to reduce any compensation you receive. This means that their first offer will probably look like an insult to you. Accepting the first offer is cutting off the nose to spite the face because you would be required to sign a waiver that will prevent you from seeking any additional compensation. You are entitled to reject the offer and propose your counteroffer. In a nutshell, it is essential to remain patient during the negotiation period. Demonstrating that you are open to negotiation will often work in your favor.

Consider legal action

If you fail to reach an agreement, you should consider heading to the courts. The amount of damage will determine which court you will take your case. If you are seeking a small compensation, you should make your case to a small claims court. However, if you seek higher compensation, you should hire a lawyer and take the case to a civil court.

Contact us for Help

Navigating a claim can be a daunting task. But you can win if you are patient, motivated, informed, and choose your personal injury attorney well. If you want to learn more or seek an experienced and compassionate lawyer, contact Jersey City, personal injury attorney.

 

 

 

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The information provided on this website about personal injury, family, and divorce law is not meant to be taken as legal advice. At the Law Offices of Anthony Carbone, based in Jersey City, we assist clients throughout Hudson County, New Jersey, including the communities of Union City, North Bergen, West New York, Newark, Jersey City, Essex County, Bayonne, Hoboken, Weehawken, Guttenberg, Secaucus, Greenville, Elizabeth and Marion. If you are in need of a personal injury or family lawyer or attorney, please contact us today.