In the event of an accident where there has been personal injury, before an insurance settlement can be agreed upon it is up to the injured party to file a claim. Once the investigative process has been completed and all available evidence has been gathered the party that sustained injury must make a request to the insurance company in writing requesting compensation is a specific amount. The greatest majority of insurance claims includes compensation for any and all medical expenses, property damage and lost wages. In the event the injured party received serious injuries it is not uncommon for to seek compensation for pain and suffering. Rarely does the applicant, the injured party, ever receive what he or she claims, in almost all personal injury claims the norm is a negotiated settlement.
In many cases the claim for compensation is made even prior to the completion of the investigation. Promptness in claiming is very important as there is a statute of limitations in effect. In many cases the injured party will take this opportunity to hire personal injury lawyers in Chicago to assist in gathering evidence that will support the claim for compensation. The lawyer will gather the evidence that is necessary to determine who was at fault for the accident that directly resulted in injuries to his or her client.
One reason why hiring a lawyer early is that evidence has a way of degrading; physical evidence from the scene such as skid marks and road condition can quickly disappear or change and any witnesses become more difficult to track down and memories fail. The lawyer will get to the scene, take pictures from many angles and make measurements that can be used later. The lawyer will get a copy of the police report as well as all the records from the hospital and doctor.
Once all these details have been gathered the lawyer will prepare a demand letter and get it into the hands of the insurance company. The letter includes an outline of the case the injured party has against the erring driver. It is in this demand letter that the personal injury lawyers in Chicago put forth an argument that supports the contention that the insured is at fault and hence liable for the injuries sustained by the client and that the injured party is due compensation. Knowing in advance from years of experience that the insurance company will not agree to the settlement demand, the lawyer typically inflates the expected compensation. As negotiation is almost the rule in these cases it is important that the lawyer leave plenty of room.
It is expected that the claims adjuster will respond with an offer considerably below the demand of the injured party. Once the insurance company has responded it is up to the injured party and his or her lawyer to either accept the offer or reject it; if the offer is rejected the negotiations invariably continue until an agreeable settlement is reached.
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