People who are injured by another’s negligence often do not know what to expect. This is why we recently wrote on the process an Austin resident faces after being injured in an accident. One common misperception is the belief that a lawsuit will be filed immediately. This is not the case as, quite often, your personal injury lawyer will be able to reach a fair settlement with the insurance company and spare you from having to go to Court. We strongly suggest accident victims retain an attorney rather than dealing with insurance adjusters themselves.
A personal injury lawyer will send a demand for payment to insurance companies on behalf of Austin victims
Victims of negligence are often contacted quickly by insurance adjusters. It is the job of the adjuster to settle the case for as small an amount as possible. The insurance adjusters represent the interests of the insurance company and not those of the victim, even when it is the victim’s own insurance, unfortunately. This is why it is important to quickly retain counsel. Your lawyer will immediately send a letter to the insurance company notifying them of his or her representation. After you have completed your medical treatment and your damages can be reasonably calculated, your attorney will send a demand for payment. This demand will include the requested amount, calculations of how that amount was reached, and documentation supporting the request (such as medical bills, pay stubs, etc.). Once the demand has been made,the insurance company will often respond with a counter offer and settlement negotiations will ensue.
Insurance companies seldom settle for the amount demanded by the injury victim’s counsel. Justifications for a lesser settlement may hinge on whether or not liability is disputed or whether the amount of medical treatment is justified. A lawsuit does not have to be filed simply because the initial demand is denied. Depending on the circumstances, there may be a period of back-and-forth negotiations between counsel and the insurance adjusters. When negotiations reach an impasse and it is clear that settlement cannot be reached, then a personal injury suit will be filed. Our lead attorney further discusses the process of dealing with insurers in this video:
Austin victims should not attempt to deal with the insurance companies directly and should retain a firm experienced in doing so. Our firm handles a wide range of cases. In addition to Austin, we also service Travis County cities which include Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, the Williamson County cities of Georgetown, Cedar Park, and Leander, as well as other areas of Texas. Contact us today.
Austin residents should understand that there is no “set formula” for calculating damages in a personal injury case
It is important to understand that there is no set formula for dealing with insurance companies after an auto accident, a trucking accident, or some other event resulting in harm, despite what one may find on the internet or similar sources. Victims are often under the assumption that they are entitled to “three times the medical bills” or some other strict calculation. The truth, however, is that the amount paid out is based on the facts of each individual case and the amount of medical expenses is just one factor to be considered. Contacting an attorney sooner, rather than later, can help you in determining what a reasonable amount might be.