Grunt work is the best way to describe the way to settle a case with an insurance company.  it takes daily phone calls to adjusters, an understanding of the medical issues contained in your client’s file, and a the skills of a trial lawyer to convince an insurance adjuster to resolve the claim.

 

A viable game plan is to first try to resolve the matter through negotiation.  Negotiation requires that an attorney is prepared to discuss all facts concerning liability (fault) and damages (the injuries and loss).  You must highlight the points of impact in an automobile case (e.g., the defendant’s vehicle struck the back of the plaintiff’s vehicle as evidenced by photographs).  Additionally, you should use favorable witness statements and other evidence that supports your claim (e.g., video surveillance taken from nearby cameras).  A good attorney should present the medical evidence in an organized manner (e.g., labels, cover pages describing what records are in the file, using yellow highlighter pen to focus on doctors’ notes, etc).

 

When discussing the claim, be prepared for the usual questions on fault (e.g., red lights in which the drivers dispute who had the right of way, damage to vehicles as shown in photographs do not corroborate the version of the accident, etc.).

 

Additionally, a prepared lawyer will research the meaning of medical terms and confirm that such terms relate to a traumatic injury.

 

Never give up with respect to making telephone calls.  In my experience, most adjusters do not take offense at a lawyer trying to reach them multiple times. (Remember, the squeaky wheel gets the oil).

 

Be polite, courteous, and respectful – it is important to remember that adjusters are people who are just like you and have families, have bills to pay, etc.  In all of my years of experience, I believe that you can only benefit from using courtesy, even if the adjuster disagrees with you.  There will be many other cases and you will likely be negotiating with that person again one day.