Making a claim for monetary compensation following a Duluth pedestrian accident typically begins by submitting a demand package to the at-fault person or entity’s insurance company.
The demand package will include relevant documentation, including:
- Photographs of the scene and of the injuries you sustained due to the accident
- Copies of all of the injured pedestrian’s treating medical records and bills, including treatment notes, procedure notes, and physical therapy records
- A copy of any police report or investigative report prepared after the pedestrian accident took place
- Copies of an impact statement, prepared by the injured pedestrian, which explains the impact that the accident and subsequent injuries have had on their life
- Lost wage documentation prepared by the accident victim’s employer, which shows the amount of time that the accident victim missed from their job to recover from the injuries sustained in the pedestrian accident
Settlement demand packages also typically include a cover letter that makes a monetary demand for settlement, up to the policy limits of coverage.
Once your attorney submits the settlement demand, the insurance company will review it, along with all of the supporting documentation. If the insurance company accepts the claim, the adjuster is required to make a good faith effort to try and settle the case within the applicable policy limits.
Frequently, this will take several rounds of negotiations, since most insurance companies will do everything possible to settle claims for as little money as possible. Essentially, the less the insurance company pays out to settle a pedestrian accident case, the more money it has available to keep in house and possibly invest on behalf of its shareholders.
An experienced Duluth pedestrian accident lawyer at Brauns Law Accident Injury Lawyers, PC can negotiate with the insurance company on your behalf and work to pursue a favorable settlement for you. If the insurance company does not offer you fair compensation to settle your pedestrian accident case, your attorney can file a lawsuit on your behalf against the at-fault individual’s insurance company.
Just because your attorney files a lawsuit, however, does not mean that your case will have its day in court. In fact, many personal injury cases, including those that involve pedestrian accidents, are settled long before the date of trial. Your attorney can help you decide whether you should accept a pending settlement offer in your case or file a complaint in the court system and pursue litigation.
