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Saturday, December 20, 2014

Why Do Personal Injury Cases Fail To Settle?

By Lance Williams


After being the victim of a car accident in Gastonia, NC, you may be entitled to compensation in the form of a settlement from an insurance company. In general, the majority of personal injury cases settle outside of a courtroom. The reason behind this is that bringing a personal injury case to trial is very expensive and time consuming for all parties involved. Because of this, its easier for both the victim and the insurance company to find a reasonable amount of compensation to settle the claim. However, in certain circumstances, some personal injury cases can't or won't be settled. In these situations, why do personal injury cases fail to settle?

Many personal injury cases in Gastonia, NC fail to settle because the insurance company denies the claim. This happens generally happens after the insurance company conducts an investigation of the car accident and evaluates the validity of the victim's claim. Thus, the insurance adjuster analyzes the vehicular accident and decides that the insurance company is not legally required grant settlement money to the victim. If the claim is denied, the insurance company will also refuse to negotiate any further with the victim. Notice here, though, that the investigator is an employee of the insurance company and is, therefore, inclined to favor the insurance company and not the victim. Many claims are denied, then, but that doesn't mean they aren't valid claims.

Many other Personal Injury cases fail to settle because the insurance adjuster offers a settlement amount which is simply too low. For insurance companies to aim low with a settlement offer is commonly the first step. Settlements are just like bargaining at a market. One party makes an offer. The other party counter-offers. And the process continues until a settlement is reached. In the same way, insurance adjusters often start negotiation low but are willing to offer larger and larger sums until both parties reach a reasonable settlement price. Some adjusters, along with the insurance company, refuse to budge and deny reasonable settlement amount, which, unfortunately, often leaves victims wary of the time and money required to pursue the claim further.

If an insurance company fails to offer a reasonable settlement or denies a claim, here's how to proceed. Don't be deterred by the denial or stubbornness of insurance companies. Insurance adjusters and companies often use this tactic to drive people away from pursuing legitimate and reasonable settlement claims. In many cases, the victim's claim is real and valid and an experienced personal injury, skilled in negotiating with insurance adjusters and companies can make sure that your claim is recognized, accepted and settled. Even more, a personal injury attorney can aggressively approach insurance companies by filing a lawsuit, which begins the legal process of bringing a personal injury case to trial. Filing a lawsuit inclines both the defendant and the insurance company to settle rather than go through the legal and financial hassle of court. Because they thoroughly understand the negotiation process involved in settlements, Personal Injury attorneys can shorten the process and make sure you get what you deserve.

Don't miss out on receiving compensation for the harm done to you or someone you know. Your claim may be worth money and your case valid. Call Gastonia's experienced Personal Injury Attorney Lance Williams for a Free Consultation today.




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