Bringing a personal injury claim

Bringing a personal injury claim can be an extremely daunting and stressful process. The claims are often run alongside a difficult time for the individual who has been injured as a result of someone else’s negligent act.

It is the job of a personal injury lawyer to ensure the process is as smooth as possible but most importantly making sure their clients are protected and that they receive the best result possible in respect of their claim.

I work in the Road Traffic Accident department here at Express Solicitors and this approach is now always easy when battling against insurance companies.

A client of mine who had suffered a number of injuries was subject to this approach by an insurer. When her case entered into the settlement negotiations stage with the other side (this is essentially the point in the case where a settlement figure is discussed). I was faced with an extremely underhand tactic by the insurance company.

The insurance company’s first offer was an extremely low one. This is not an uncommon approach by insurance companies in an attempt to push a settlement figure down. As I was aware that the offer was too low for the injuries my client had suffered I rejected the offer and returned to them with a further counter offer. When I received their response it became apparent to me that the insurance company had decreased from their last offer and had offered less than they originally did for my client’s injuries. The very aim of settlement negotiations is for both parties to reach an amicable agreement on a value that the injured person is entitled to. Clearly, this was not the approach this particular insurance company were taking and if they are willing to drop from their original offer then their offers for settlement were clearly not genuine attempts to reach a fair agreement.

Following a discussion with my client she provided instructions for me to take the case to the next stage by raising something called the Court Proceedings Pack ( This is a pack of documents that puts the other side on notice that we are about to issue Court Proceedings). This obliges the insurance company to release their ‘best offer payment’ which is the highest amount that the insurance companies are willing to go to in order to settle the claim.

The insurance companies best offer payment was received and was for a substantial increase of £1,300.00.

This is a clear example of an insurance company attempting to make low offers which they know all too well is not a fair settlement amount for the injuries the client had suffered. If it wasn’t for the client seeking legal representation from Express Solicitors where we were able to provide her with the advice needed for her to make an informed decision, then she may very well have taken the original offer and never would have known that she had not been offered a fair and reasonable amount for the injuries she had suffered. It is extremely important that anyone who has suffered a personal injury as a result of someone else’s negligent act seeks legal representation to ensure tactics like this cannot be successful.

 

 

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