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    When you have been in an accident where you were injured or experienced property damage due to another’s negligence, you must file a claim for your damages, but simply filing the claim with the insurance company is just the beginning. Unless your claim is for a small amount, you can expect the insurance company will want to negotiate a settlement.

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    How to file and negotiate a personal injury claim

    When you are injured due to a negligent act, it is vital to understand your legal rights. If there is appropriate liability coverage for the incident, then you may be entitled to receive compensation through an insurance claim or lawsuit.

    Here is how to file and negotiate a personal injury claim:

    • Determine who was at fault in the accident so that you know who potentially owes compensation for your losses. Examples include another driver driving recklessly, a property owner with neglected property, or an employer who has disregarded safety requirements.
    • Document all evidence related to the incident, including photographs, witness statements, medical bills, medical reports, police reports, and anything else that could prove negligence. Having comprehensive records helps prove damages were sustained through no fault of your own and can build a case for legal action taken in the future should negotiations fail.
    • Negotiate with the insurance claim adjuster after they contact you. You need to remember their goal is to get you to take the first offer they make. However, you should negotiate, as you are often entitled to a larger amount. Remember that insurance companies are in business to make money, not pay it out in settlements, so they will always lowball the initial offer.
    • Never sign a final agreement until you have read it thoroughly. You must read every fine point and understand what each one means. If you are satisfied with the agreement, sign off, and this will conclude the negotiation process so your settlement check can be issued.

    At any point before signing off on a final agreement, it can be beneficial to contact a personal injury lawyer for legal advice and how to best proceed. You could also be entitled to additional compensation, such as pain and suffering or lost wages that you were unaware you could claim.

    How to negotiate a settlement with an insurance claims adjuster

    • Confirm you have all the relevant information about the accident, your claim, and all related expenses, such as medical bills. This will help you prove liability and damages when negotiating with insurance adjusters. 
    • Educate yourself on the insurance claims process, including policies, procedures, how settlements are calculated, and steps to filing a lawsuit if negotiations fail 
    • Be prepared to provide documents or other evidence that verifies your injury or damages
    • Recognize that negotiation is a process, so outline your objectives before talking with an adjuster. Remember, the adjuster is going to make a low offer. So, be clear about why you believe you deserve more money than initially offered. 
    • Be prepared to go back and forth until a settlement agreement can be reached. If a settlement cannot be reached, you can initiate a lawsuit against the responsible party.

    How to negotiate a total loss auto claim

    When facing a total loss on your vehicle due to an incident involving your auto insurance, it is important to understand how to negotiate this claim. A successful negotiation can help you receive the fair compensation that you deserve.

    • Research comparable vehicles: Find out what similar vehicles would cost if bought new or used. You should also consider any special features or upgrades your totaled vehicle has. Look at pricing from dealerships and private sellers to get an average replacement cost.
    • Document your losses thoroughly: When making a claim, ensure all losses associated with the claim are thoroughly documented through pictures and records. Get multiple repair estimates from different body shops showing the car is totaled. 
    • Never accept the first offer: Chances are the adjuster will offer just enough to cover paying off the vehicle or the lowest blue book value possible. Be prepared to counteroffer and negotiate until you can reach a fair settlement.

    What you need to know about social media and personal injury claims

    A social media account and a personal injury claim involve leveraging evidence from a person’s social media presence to establish their case for why they should receive compensation for their injuries and damages from the negligent party — or why they shouldn’t.

    For instance, the plaintiff was involved in an accident that caused them physical injuries. They may be able to use photos and messages shared on social media platforms as evidence of how their accident impacted their life. 

    Conversely, social media posts could show that the plaintiff’s injuries are not as severe as they claim. So, the defendant may use the plaintiff’s posts as leverage against them.

    What is an inadequate security injury claim?

    An inadequate security lawyer can explain your claim if you sustained injury due to a lack of appropriate security measures on public or private property. This type of claim requires proving that the incident could have been avoided had the property owner provided adequate precautionary steps, such as enhanced lighting, secure entryways, and other preventative measures. 

    Negotiating settlements for injury claims may involve surveillance footage, photographic evidence, eyewitness accounts, and more. It often requires close examination by experienced attorneys who know how to build a strong case for their clients so that negligent parties can be held responsible.

    How much can I get from an injury claim settlement?

    Bodily injury claim settlement amounts and personal injury claim settlement amounts depend on multiple factors, including the following:

    • The severity and extent of the injuries
    • Medical bills related to those injuries
    • Lost wages due to injuries
    • Short-term or long-term disability
    • Personal pain and suffering

    Ultimately, it is up to both parties involved to attempt to reach a settlement agreement for how much compensation is appropriate. Therefore, since each injury case is unique with its own set of circumstances, consulting with an experienced personal injury lawyer is highly recommended to understand how much your injury claim could be worth.

    Why do I need an attorney for a personal injury lawsuit settlement?

    An experienced attorney is essential for a personal injury lawsuit settlement because the process can be complicated and require an in-depth understanding of local laws regarding compensation for medical bills, lost wages, and pain and suffering. An attorney will also have experience negotiating with insurance companies and claims adjusters to ensure their clients receive the maximum amount of compensation. 

    Furthermore, attorneys provide legal counsel on when it’s best to settle out of court or proceed with litigation to ensure better chances of getting the maximum recovery amounts for the individual’s injuries.

    Expert claim negotiators in Las Vegas

    A personal injury lawyer shaking their client's hand after an injury lawsuit settlement has occurred. On the desk is a gavel and paperwork.

    Adam S. Kutner, Injury Attorneys in Las Vegas, are expert claims negotiators. We will take care of your legal needs with our experienced and knowledgeable team to ensure you receive the maximum compensation you deserve for your personal injury claim.

    Elements of a Negligence Case. (2022).

    Goguen, D. (2023). How Much Can I Get for My Personal Injury Case and How Long Will It Take?

    The Advantages of Hiring a Personal Injury Lawyer for Your Lawsuit. (2023).

    Call (702) 382-0000 for a free consultation

    Adam S. Kutner is a top 100 trial lawyer with 33 years’ experience and expertise that will benefit you

    Call us at (702) 382-0000 anytime to schedule a free consultation. We will work to get you the maximum settlement as quickly as possible so you can move forward on your healing journey.

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      Adam S. Kutner - Las Vegas Car Accident Lawyer
      Adam S. Kutner
      PERSONAL INJURY LAWYER

      With more than 33 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.