Negotiating With An Insurance Company for Fair Compensation

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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.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

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