What A Claimant Should Know About The Settlement Negotiations Process

Although a claimant, someone with a 3rd party claim, might be unable to report to his or her working place, that same party still has a series of tasks to accomplish. Each of those tasks plays some part in the negotiation process.

All claimants have a series of jobs to do.

Each of them must gather the relevant facts about the reported injuries. Some of those facts are on written documents:

• Evidence of lost wages
• Medical expenses (now)
• Property damage

Some of the facts could exist on a reel of videotape. Those would be the details surrounding what took place in the minutes before the injury-causing incident. Some of the facts/opinions would come from experts:

• Future economic losses
• Future medical expenses

Each of them should make a point of learning how adjusters determine the value of a claimant’s damages. The adjusters often use a formula. One number in that formula is supposed to represent the claimant’s pain and suffering.

The adjuster’s response to the demand letter could force the claimant to make some adjustments.

The adjuster might allege that the liability should be shared; in other words, both the claimant and the defendant helped to cause the accident, and the resulting injury. The adjuster’s comments might reflect the fact that the age of the party with a 3rd party claim has an effect on the claim’s value.

Similarly, that same party’s occupation influences the size of the claim’s value, especially if the injured victim now lacks any earning power. Furthermore, if the injured victim were to have a pre-existing condition, then that fact might lead to a decrease in the value of the submitted claim.

If there were going to be a trial, then the location for that trial could affect the claim’s value. When adjusters have unearthed evidence of mitigating factors, then those could force a lowering of the claim’s value.

During negotiations, claimants must be both patient and persistent.

Their patience should be the first of those 2 qualities to get demonstrated. Adjusters do not favor someone that calls almost daily, seeking information about their particular case. Instead, someone that has submitted a 3rd party claim needs to recognize the number of demands on each adjuster.

Personal injury lawyer in Carol Stream knows that an adjusters’ busy schedule forces them to set priorities. Ideally, once those priorities have taken the form of blocked-out dates on the calendar, a claimant’s demands become easier to satisfy. In other words, the adjuster should be able to say when an answer should be available.

If the answer has not come on the promised date, then the claimant’s persistence ought to come into play. That demonstration of persistence could take the form of a call to the person that supervises the adjuster’s actions.

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