If another party caused significant injuries to you or a loved one in West Virginia, you may find you need to file a claim with an insurance company and deal with a claims adjuster. While these insurance industry professionals can seem very helpful, you must keep in mind that their job is to minimize the amount of compensation the insurer pays out.
To that end, it’s beneficial to consult an experienced personal injury lawyer to negotiate with the insurance company to improve your chances at receiving the monetary compensation you need and deserve.
How the negotiation process works
In your initial phone call, you and the claims adjuster will discuss the facts of the accident, along with the strengths and weaknesses of your claim. The adjuster will then follow up with an offer, which may be less than what’s fair given the extent of your injuries. Your attorney will provide a counteroffer, and eventually you and the other side will reach an agreement somewhere in the middle.
During this process, the insurance company may send you a “reservation of rights” letter, informing you that the company is investigating your claim and reserves the right to pay you nothing if the accident is not covered through the policy in question. Do not worry too much about this letter — it is simply a mechanism insurers use to protect themselves legally.
Experienced personal injury attorneys are skilled at making arguments that strengthen an injury victim’s claim for damages. They use emotion to their advantage, speaking to the pain and suffering the victim has had to endure because of the actions or negligence of the insured party. This is in addition to more practical arguments on the severity of their clients’ injuries and the costs of treating them.
For further information and guidance on negotiating with insurance companies after a serious accident, contact a respected personal injury lawyer with Kaufman & McPherson, PLLC.