If you are acting on your own, making your settlement demand may be simple and short. You collect all your medical records and bills and send them to the insurance company only to find that they are not willing to pay even your medical expenses. The reason for this is that you do not have the power of an attorney to file a lawsuit and obtain a judgment against their insured. As such, you have no hammer to force the insurance companies to provide a fair, just and equitable settlement offer. There is no incentive for them to settle your case or claim.
A California motorcycle accident attorney who has a successful reputation in obtaining large judgments and settlements for their clients will be in a better position to obtain a fair, just and equitable settlement resolution for their motorcycle accident client.
If you are lucky enough to get through the first round of settlement negotiations with the insurance company, you likely have made a very high settlement demand and they have come back with an initial nominal settlement offer. Sometimes they use this to instill a “shock” effect on the claimant where the claimant may think that their initial settlement offer is the value of their claim. Again, as an individual has no sword to fight the insurance companies with the threat of litigation, there is no incentive for them to provide their just and equitable settlement offer.
Being in control early on and keeping in control is what makes or breaks your claim for settlement of your motorcycle accident case. Competence, clear communications and a competent impression put you in control of negotiations. Be persistent, consistent and accurate in your documentation and you will be in a better position to obtain a fair settlement in your motorcycle accident claim.
The more serious your injuries and more medical damages you have, the more complex the settlement negotiation process will be. At the Reinecke law firm, in our serious injury cases, we have had settlement negotiations go for days and in certain circumstances, months. Normally, in larger cases, we use the services or retired judges or professional mediators to attempt to resolve claims. This is an efficient way to resolve cases or claims without the need or cost for litigation.
In order to prepare for extensive mediation, one needs to have all information at their fingertips including all medical records, itemized bills, wage loss documents, payroll documents, liability information, witness statements, photographs of property damage, photographs of the accident site, and perhaps demonstrative evidence including exhibits to show the extent of the injuries. A competent California motorcycle lawyer will be trained in presenting your case in its best light in a thorough and professional manner. As a California motorcycle accident lawyer, I have learned that negotiating a settlement of the motorcycle accident claim is similar to buying a car. It is an ugly experience but normally the outcome is good. The best strategy is to take emotional involvement out of the negotiation and to focus on compensation for our clients based on factual information, and reaching our objective of obtaining the maximum compensation.
As a California motorcycle injury lawyer, a settlement demand package may include background information, summary of the facts, liability including a copy of the traffic collision report and witness statements, property damage, injuries and damages, including all medical records and itemized bills, a section regarding general damages, a damage summary accounting and/or settlement demand.
The types of settlement options that can occur include:
1. Settling the case early – this is a bad alternative as it means that you lose and the insurance company wins.
2. Mediation – this includes using a retired judge or mediator to attempt to informally resolve your case or claim.
3. Arbitration – this is an alternative to litigation in which there is a mini-trial before a selected arbitrator.
4. Litigation – this should be the last alternative and it will include the filing of a complaint, discovery, and the delay in obtaining a jury verdict.
The different solutions to resolving your case depend on a thorough examination of the facts of your case, the amount of your damages, and your timeline in resolving your motorcycle accident claim or case.
If one can afford to wait, it may be in their best financial sense to mediate, arbitrate, or litigate their case or claim.
Either way, consult a qualified and competent California motorcycle lawyer to obtain their thoughts on the most efficient way to resolve your motorcycle accident claim or case.
Hopefully, you have now learned things necessary to successfully resolve your motorcycle accident claim on your own. We have also provided a few recommended alternatives, including arbitration or mediation and, in the alternative, litigation.
No matter how you decide to pursue your motorcycle accident claim, you are going to make the entire experience much less stressful and far more successful if you remember that this is a game and that your future is at stake. A professional motorcycle accident lawyer should help you obtain the maximum recovery for your motorcycle injury case without the frustration and delays of handling a case on your own. While the judicial system in the United States and California is highly respected, going through the maze of litigation and negotiations can often be confusing, frustrating and the heavy congestion in our courtrooms can lead to endless delays. A California motorcycle lawyer can successfully negotiate your motorcycle injury claim and settle it without the unnecessary stress and strains of litigation and without the additional costs or delays of court. Ninety-seven percent of our cases settle without the client ever having to go to court.
If you have any questions, feel free to contact the California Motorcycle Lawyers at 1-800-275-8326. And remember, at the Reinecke law firm, we are always there fighting… for justice!
California Motorcycle Lawyer