After being involved in an incident like a slip and fall or accident like a car accident, you or anyone who is suffering and surviving from this trauma has to go through a legal process if the plan is to achieve compensation. Here is a guide by personal injury attorney on how to handle the claim process and negotiation to be specific.
When it comes to sorting your personal injury case, because you have physical injury & bodily injury, which may or may not seem too dangerous to you, some plaintiff tries to handle it on their own. This may or may not be a really good decision, considering the fact of how well they are aware of their responsibilities. Though you are not legally instructed to have a personal injury attorney to conduct an investigation, paperwork process and so on, you will, at a point of time, realize the real need of a professional. During the time when you interact with the insurance company for sorting up the settlement as quickly and peacefully, victims often make mistakes.
These are obvious out of less knowledge, no legal updates and insufficient information about injury laws and personal injury claims. Negotiation is a part of injury claim which a victim cannot overlook; this is supposed to be the most challenging but quite a better (quick) way of achieving the compensation (recovering). There are common mistakes that you can easily circumvent if you have an expert by your side. Now that it is your very first time with the legal world and you are up to negotiation with the adjuster soon, here is a small guidebook for victims who are soon, to begin with, their settlement process out of the court (only if you don’t file a lawsuit).
Strict Don’ts When You Interact With an Adjuster
- Don’t Be Too Good- Natured with them
Good nature doesn’t always mean being polite and calm, it also means that you are being too friendly and cooperative with someone. Yes! This can be a really good sign to show how your values are and people should often be of such nature, but not in the case of the claim process and the time when you want justice. Adjusters have the best way of communicating with the plaintiff; they have a really sweet tone and strong convincing skills. They can use their strategy to make you feel comfortable and friendly, with this, you are at a risk of disclosing a few crucial details to them. Set a strict tone, be a little focused, believe that you are a victim and you are here to seek justice. Don’t head away and trust the adjuster wholeheartedly you never know the real side.
- Don’t Sign Anything Unknowingly
Just because they told you it’s an “official document” don’t make it important, of course, it can be or cannot be, there are two sides to every story. They might hand over any legal document to you saying that you must sign on it to begin the further proceedings. But until and unless you don’t approve it with your personal injury attorney, you should not put your initials on it. Trusting is really difficult, your trust and respect should be for your professional and rest nobody.
- Don’t Put Your Opinions Too Much
The moment the conversation begins doesn’t mean you will have to keep your point from the start itself. You will be given time to speak and only when the discussion begins for a specific topic start to emphasize on it. For example, if you are discussing about your health and stuff don’t start to add points about the loss of job, your depression and losing responsibilities, of course, these are essential points that should be spoken but this is still not a right time. Be on point, speak less, listen more, your lawyer will definitely guide you with this.
- Don’t Over Exaggerate
Mistruth or misleading information can be one major reason why a negotiated settlement doesn’t end up well. If you want to gain good compensation, you will have to be honest, here the point is not over exaggerating or making huge claims for the same, you can be honest and speak to the point; these 2 ways can help you recover fair compensation. If you spit a lie and you are caught making a false claim or misrepresenting the adjuster, then the amount you could have achieved will also be taken away from you. So further when the lawsuit process begins, you will be tagged as a liar already, so there even if you speak the truth, no one will listen to you because of the mistake you’ve done in the claim process. Don’t give points that can be used against you.
- Don’t Plan On Negotiating Alone
The decision of conducting the negotiation work on your own can affect your compensation worth for various possible reasons. The personal injury law is very complication plus Negotiation is an art and only the one who hold sufficient knowledge (like a personal injury attorney) in it can excel and show extraordinary results by inputting efforts but they already have extreme experience in it. While negotiation, you will have to understand the right time to show up evidence, the right tone, the right point to be spoken as well as what information should and shouldn’t be shared at present. Deciding the time to hire an expert can be really confusing initially, but you will at a certain point of time understand the suitable time to hire them, make sure that you don’t delay a lot because such cases are very complicated enough to handle and a little time can ruin it all as there are statute of limitations to be followed up.
- Don’t Take Claim For Granted
Don’t always think that your case will end up in the courtroom, very few cases that genuinely requires justice because of the reason being (painful and permanent injuries, huge damages, severe financial loss, or purposely intention to hurt, huge negligence). You should plan and work well on the claim process that there is no point left to take your case a little further. A claim can help you recover well, so with this, you will not need to go head further for your case trial. The only situation that’s mentioned above in this point is some very strict circumstances where you shouldn’t settle for less. Even for the claim process, you should have a mentality to not settle for less.