I Can’t Reach a Settlement with the Insurance Company, Now What?
Injuries as a result of car accidents or slip and falls where another party was negligent are often eligible for a legal claim for compensation. Before applying for compensation, however, it’s important to have a sense of the steps along the way.
In such a claim, one of the first steps you should take is to contact the other party or their insurer to notify them of the injury. From there, the other party will conduct an investigation into what happened. Their aim is to determine whether or not they’re legally at fault. They will also investigate the nature and the impact your your injuries are having on your day to day life.
Once the investigation is complete, the two parties may begin to discuss a settlement. Whether you handle a personal injury claim on your own or with a lawyer, settlement discussions can often stall progress, depending on a number of factors. The insurance company may dispute or deny that the accident was legally their fault. They may also dispute or deny the impacts your injuries have on your daily life, work, and so on.
Regardless of the complexity of your claim, it’s always best to have the assistance of a skilled personal injury lawyer. Sometimes your injury lawyer will be able to negotiate a fair settlement directly with the insurance company. If negotiating a fair settlement is not possible at this stage, your injury lawyer may have to take formal measures that involve Court processes.
In a car accident or slip and fall claim, personal injury lawyers have one main goal. That is, to ensure their clients receive fair treatment and receive the compensation they deserve. Sometimes in negotiations, insurance companies make a final offer that is less than what you legally deserve. When this happens, sometimes your injury lawyer will have to move your claim into what’s called “litigation”.
The first step in litigation is the filing of a Notice of Action (lawsuit) with the Court. From there, the lawsuit is served on the party responsible for your injuries. The other party will then usually give the lawsuit to their insurance company. At this point, the insurer will appoint a lawyer to defend the lawsuit. After this, parties exchange all relevant documents to better understand each other’s case. The next step is usually to proceed to discovery examinations (aka “discoveries”). Discoveries further help the parties understand the strengths and weaknesses of each other’s case and witnesses. If a settlement still can’t be reached after discoveries, it may become necessary to set the case down for a trial.
Litigation sometimes becomes necessary to ensure fairness for the injured client. Your personal injury lawyer’s goal is always to maximize your recovery while trying to minimize the conflict that can come with the claim process. If you have been involved in a car accident, slip and fall, or were otherwise injured as a result of someone else’s negligence in Nova Scotia, it is always best to consult with an experienced personal injury lawyer to understand your rights and options.