Despite what some members of the public believe, the victim’s right to seek a fair compensation does not translate into an opportunity to win a huge windfall. Lawyers must consider numerous factors, when seeking to determine the value of a given client’s case.
Basic questions that are asked by each client’s lawyer
What is the value of the victim’s injury? Some lawyers count on their client demonstrating a great deal of pain. Others study the client’s injury and look for the ways that it could impact the victim’s/client’s life.
What damages are available? Are there economic damages? What about non-economic damages? Could I get punitive damages for my client?
More specific questions about what to demand for pain and suffering
• How much money does the insurance company have available, for the purposes of covering the costs of this claim?
• What have juried awarded in the past, when an lawyer has presented a similar case?
• What was the extent of the injuries? Were they all over the body, or just in one part of the body? How serious were those particular injuries?
• What was the duration of the treatment that was prescribed for the victim? The longer the treatment, the greater the size a fair compensation would need to be.
• What is the dollar figure for the medical losses that resulted from this incident?
How a personal injury lawyer could use the answers to the above questions?
The answers should indicate the value for a client’s injury. After having determined that value, an injury lawyer in Calgary should be ready to write a demand letter. That needs to state the amount of money that is being demanded by the claimant/plaintiff, as compensation.
The demand letter should not give the figure that corresponds exactly with the injury’s value. Realize that all demand letters are supposed to trigger the start of negotiations. A good lawyer wants to keep the negotiations going. For that reason, the amount in the demand letter should be well above the injury’s determined value.
The insurance adjuster reads the demand letter’s contents and then sends one of 2 different responses. The adjuster might question the reasonableness of the demand. In that case, the adjuster’s response would consist of a series of arguments. The lawyer would need to respond to each argument, in order to get a counteroffer.
Alternatively, the adjuster might respond by presenting a counteroffer. That would be well below the amount demanded. That response matches with the purpose of the negotiations. That process is designed to push the disputing parties towards an agreement.
Ideally, the negotiations end with a settlement. If no settlement, mediation or a lawsuit is next step.