Settlement occurs when an insurance adjuster or a defendant (the person or company you are suing) makes an offer of payment to you (the victim). Call us at (470) 268-5802 With the help of our skilled mediator, you can work collaboratively to find a solution to your dispute that works for everyone.
Legal mediation is a valuable alternative to litigation for parties involved in disputes. Mediation involves a neutral third party (the mediator) who facilitates communication and negotiation between the parties to help them reach a mutually acceptable solution instead of litigating their dispute in court. Call us at (470) 268-5802 With the help of our skilled mediator, you can work collaboratively to find a solution to your dispute that works for everyone.
ADR is a broad term that refers to any process that is used to resolve disputes outside of traditional litigation. Mediation is one of the most common forms of ADR (along with arbitration, negotiation, and conciliation) that helps parties to resolve their disputes outside of the court system. Contact Bobe & Snell Law Office LLC today at (470) 268-5802 If you’re looking for professional and affordable Atlanta legal mediation services.
Personal injury verdicts are often major headlines. Tens or even hundreds of millions of dollars awarded by juries can make for exciting news. However, you don’t hear as much about personal injury settlements. Call Bobe & Snell Law Office LLC today at (470) 268-5802 our experienced Atlanta Legal Mediation Lawyers are more than ready to help you navigate the process of seeking compensation.
When you are injured in an accident that was caused by someone else’s negligence, there are usually two ways to get compensation from the at-fault party: be offered and accept a personal injury settlement outside of court, or go through (or at least start) the civil lawsuit process. While a lawsuit might ultimately net you more money than a settlement would, most personal injury cases settle well before trial, and often before a lawsuit is even filed. Therefore, it’s highly recommended to consult experienced Atlanta Legal Mediation Lawyers to help you decide on the best way forward for your case.
Personal injury verdicts are often major headlines. Tens or even hundreds of millions of dollars awarded by juries can make for exciting news. However, you don’t hear as much about personal injury settlements.
Part of the reason for this is that most settlements are kept private due to nondisclosure agreements, but there is another reason, too. Personal injury settlements aren’t usually as high as some verdicts, which makes them a bit less exciting.
Still, with the vast majority of personal injury cases resolved through settlement rather than trials, knowing how settlements are reached and what to expect from them may be essential. Especially, that is, if you or a loved one have suffered a personal injury or are weighing a settlement offer.
Settlement occurs when an insurance adjuster or a defendant (the person or company you are suing) makes an offer of payment to you (the victim).
When might this happen? Almost anytime:
Once a settlement agreement is reached, the plaintiff must relinquish all potential claims against the defendant arising out of the underlying accident or incident. The plaintiff does this by signing a full liability release.
For example, in a car accident case, the car insurer may offer a plaintiff $50,000 to settle the case. To receive that $50,000, the plaintiff would have to agree not to file a lawsuit or pursue any other legal remedy in connection with the crash.
Therefore, seeking advice from an experienced and reputable Atlanta Legal Mediation Lawyers is crucial before making a final decision on how to settle your case.
Settlements are almost always offered when insurance companies are involved, which happens in the vast majority of personal injury cases. Insurers have the assets to pay out claims, and they expect to pay out a certain number of claims as part of their business model.
Insurers are also risk-averse and do not want to put their financial fate in the hands of an unpredictable jury while paying the not-insignificant costs of litigating a personal injury case all the way through trial.
Negotiating a personal injury settlement is a little like bargaining to buy something at an outdoor market where haggling is commonplace. You and the buyer (the insurance adjuster) both know roughly how much an item (your total injury-related losses or “damages”) is worth.
You know how much you are willing to take for it, and the adjuster knows how much the insurance company is willing to pay. But neither of you knows how much the other side is willing to pay or receive. So, you go through a process of testing each other, a dance of bluff and bluster that goes like this, sometimes in just two or three phone calls:
It is usually as simple as that. The main factors determining how an accident settlement comes out are how well you have prepared all stages of your claim— investigation, supporting documents, and demand letter—how much you’re willing to settle for, and whether you are in a hurry to settle.
During settlement negotiations, an insurance adjuster has a right to ask questions and dispute facts in an attempt to limit your right to compensation. Questions or disputes might concern:
You should meet an adjuster’s reasonable questions and inquiries with reasonable answers. That is why it’s crucial to have an experienced and professional personal injury attorney Atlanta GA by your side to represent you and handle these negotiations on your behalf.
How you approach settlement negotiations can go a long way toward making them run smoothly and quickly, with a minimum of stress or aggravation for you, and with a satisfying settlement as the result.
Here are some tips about dealing with a claims adjuster:
If you have a conversation with the adjuster, make a note of what was said. If either you or the adjuster have said that you will or won’t do a certain thing, or that something is to occur by a certain date, write a confirming letter or email and send it to the adjuster. Keep a copy of everything you send. If you have agreed to provide the adjuster with information, do it promptly.
Insurance adjusters are overworked and underpaid, and they hear a lot of stories every day. They are also human, which means they don’t respond well to abuse or threats. Even if you get an inconsiderate or unsympathetic adjuster, don’t get into a personal battle. Keep your cool.
Your job is simply to show the adjuster that you know how the process works and that your claim is an honest one. Let the adjuster know you believe in the facts you have presented. Avoid high emotions.
If you show the adjuster that you’re making a good-faith claim, you’ll likely get a good-faith settlement offer in return.
Although you may have already had to wait a considerable amount of time to get all your medical and income records, try not to be in too great a hurry to settle your claim. One of the tactics claims adjusters use is to make a low initial settlement offer and see if you’re too impatient to continue negotiating.
If you can stand to wait, do not jump at a first offer. Holding off for a little while often increases your settlement. After some time passes, it’ll be the adjuster who will want to settle your claim as soon as possible, and then you’ll be able to get the full value of your claim.
If you work with a Atlanta Legal Mediation Lawyers with vast experience handling settlements and dealing with claims adjusters, he/she will guide you accordingly to avoid the temptation of jumping at a first offer.
The flip side of being patient is being persistent. Don’t let the adjuster sit on your claim. If the adjuster has said that they will do something— make you another offer, or check with a supervisor, for example—get a specific date by which it will be done.
Put everything agreed upon in a confirming letter or email, and when that date rolls around, call and politely ask for a response. If you have asked for information or a new settlement offer, set a reasonable deadline by which you would like the response.
Don’t pester an adjuster by calling every day, but make sure the adjuster knows you are out there and that you will be regularly and thoroughly following up on your claim.
Most claims adjusters take an ethical approach to their jobs, but it is important to be ready in case you encounter one who tries to bend (or break) the rules. Let’s look at some improper negotiating tactics adjusters sometimes use and discuss how to respond if an adjuster tries one on you.
An adjuster might tell you that you should contact another party’s insurance carrier because that other party was more at fault for the accident than their insured. Politely remind the adjuster that you are entitled to proceed against any responsible party until someone agrees in writing to be the primary insurance carrier.
Do not let an adjuster convince you that a delay between your accident and the start of the claims process means you should give up, or that you need to accept a lowball settlement offer. Remember:
Do not concede to the adjuster that the timing of your claim is unreasonable, or has anything to do with the value of your settlement. Keep in mind, though, that there are good reasons to start the claims process as soon as possible.
It is none of an insurance adjuster’s business whether your lost time from work was covered by sick leave or vacation pay. And, except in California, it is none of the adjuster’s business if your medical bills were paid by your health insurance company or some other insurer.
Under the so-called “collateral source rule,” it is improper for an adjuster to consider—or even ask about—other sources of payment in determining a reasonable settlement amount. That’s because it wouldn’t be fair for the person who caused your injuries (or their insurance company) to benefit financially from things you have bought or earned yourself—like insurance coverage, sick pay, or vacation time.
If an adjuster raises this issue, remind them that they are prohibited from asking about other payments that might help you cover your medical bills or lost earnings. Don’t be afraid to escalate the issue to the adjuster’s superiors if you have to, or to tell them you will report the matter to your state’s insurance department.
If you were injured in an accident due to someone else’s negligence, you have a right to seek compensation for the damages incurred. Working with an experienced, professional, reputable, and dedicated personal injury attorney Atlanta GA increases your chances of getting the fair compensation that you deserve.
Experienced Atlanta Legal Mediation Lawyers at Bobe & Snell Law Office LLC are more than ready to help you navigate the process of seeking compensation, whether through negotiating a settlement offer or filing a lawsuit.
Call us today at (470) 268-5802 or fill out our online contact form to set up a FREE, no-obligation case review/consultation.
One of the benefits of settling a dispute is that a successful mediation can save huge sums of money. Litigation is costly and time-consuming. For instance, you could easily spend $100,000 or more to litigate a personal injury case all the way to trial. Contact Bobe & Snell Law Office LLC today at (470) 268-5802 as you prepare to settle your case through legal mediation Atlanta GA.