AUTO ACCIDENTS - PART IV: SUBMITTING A CLAIM & NEGOTIATING A SETTLEMENT

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Your attorney will build a case around the evidence to prove liability (discussed in Part One) and seek the maximum amount of compensation owed to you under the law.  The objective is to demonstrate that you have acquired excellent legal representation, to show that your claim is well supported and that you will press your claim as far as necessary in the courts to achieve just compensation.

I. Obtaining the evidence needed

Your attorney will obtain the police report, statements from witnesses, all relevant medical records and evidence from the scene of the accident.

Your attorney will also engage forensic experts, including medical experts, to report and to testify regarding:

  • The nature and extent of your injuries,
  • The pain and suffering caused by your injuries,
  • The reasonableness of medical expenses, including treatment and prescriptions,
  • Other financial losses such as loss of income, lost or damaged property,
  • The impact of the accident on your life and
  • Any claim for future care if your injuries will continue to affect you.

II. Submitting a demand for compensation

After considering the evidence, and assuming it supports a claim for compensation, your attorney will ordinarily prepare a demand letter to the insurance company of the driver responsible and invite the insurance company to make an offer to settle the claim. Your attorney may give the insurance company a time period for admitting liability and/or making an acceptable offer for compensation. Alternatively, your attorney may proceed to file a lawsuit in the appropriate court at once.

III. Negotiations

The objective of any dispute is to achieve the best possible resolution without the need to try the case in court. The best settlements are achieved when the attorney is ready, willing and able to try the case to a jury. This will demonstrate to the insurance company that your case should be taken seriously. Where an insurance company knows that a plaintiff has a strong case and a lawyer who is experienced and ready to take the case before a jury, that insurance company is far more prepared to settle on the plaintiff’s terms without going before a jury.

For four decades Edmond McGill has used his experience representing victims of all sorts of wrongs, to their property, to their businesses and to their persons, to enforce their rights and to assist them in receiving the compensation they deserve. If you would like to discuss a case with Edmond, please contact the McGill Law Office at enquiry@mcgill-lawoffice.com or call 415 508 5323.

Content prepared by Edmond McGill and Richard Parry.

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This message and the information presented here do not create or evidence an attorney-client relationship nor are they intended to convey legal advice or counsel.  You should not act upon this information without seeking advice from a qualified lawyer licensed in your own state or country who actually represents you. In this regard, you may contact The McGill Law Office and then representation and advice may be given if, and only if, attorney Edmond McGill agrees to do so in a written contract signed by him.