If you have suffered one or more personal injuries in an accident that someone else caused, your first step on the road to recovering monetary compensation is to file a personal injury claim. In most instances, a personal injury claim names the at-fault person or entity’s insurance company. If you were part of a hit-and-run motor vehicle accident, or if the driver who hit your vehicle was uninsured, then you can file an uninsured motorist claim against your own motor vehicle insurance policy.
As part of the claims-filing process, the accident victim’s lawyer will prepare a demand package and send it to the insurance company for the other side. The demand package typically includes a settlement demand letter, copies of all of the accident victim’s treating medical records and bills (including medical reports detailing any performed procedures, such as injections or surgeries).
The demand package can also include copies of other pertinent pieces of documentation, including lost wage documentation from the accident victim’s employer, a copy of the police report, photographs of the property damage sustained to the accident victim’s vehicle, and photographs of the accident victim’s injuries.
The settlement demand letter that accompanies the demand package will make a monetary demand for settlement. In some serious personal injury accident cases, the initial settlement demand could be the full limits of the insurance policy that was in place at the time of the accident.
Upon receipt, the insurance company adjuster will review the settlement demand letter and all of the supporting documentation. They will then make an opening settlement offer on the personal injury case. In many instances, these opening settlement offers are extremely low and do not fully and fairly compensate accident victims for the personal injuries that they suffered in their accidents.
One reason why these initial offers are so low is that the insurance company “cuts” specific medical bills or lost wages, claiming that they are unrelated to the accident.
In the case of personal injuries and medical treatment, the insurance company can opine that certain injuries were pre-existing and not related to the accident, certain medical treatment was unnecessary, or that the accident victim “over-treated” for their injuries.
Another reason for these initial lowball settlement offers is to see if the accident victim will “bite” and settle their case for a low number. After all, the primary goal of the insurance company is to save itself as much money as possible, and the insurance company does this by paying out as little monetary compensation as possible when settling personal injury cases.
If the insurance company is unwilling to make you a favorable offer on your personal injury case, you have legal options open to you. Specifically, at that juncture, you or your lawyer can file a lawsuit in the Georgia court system.
Just by filing a lawsuit, you can light a fire under the insurance company’s feet, so to speak, and incentivize offering you a more favorable settlement. If not, the experienced Lawrenceville personal injury lawyers at Brauns Law Accident Injury Lawyers, PC can assist you with litigating your case to a conclusion in the courts.
