Most bodily injury claims are settled before a lawsuit is filed, and initial settlement discussions will be with an insurance claims representative. But when injuries are costly enough and the torfeasor’s insurer becomes uncooperative, it is best to employ the services of a competent personal injury lawyer to represent the claimant.
The identity of the claims representative is ordinarily is divulged when counsel first contacts the insurance carrier to advise of claimant’s intent to pursue a claim against the insured. Claims representatives rarely make the first settlement offer. Instead, they expect claimant’s attorney to make an initial settlement demand.
When claiming from an insurance, there are documents that the claims representative needs in order to evaluate the claim, and these documents must be reviewed by a competent lawyer to ensure that they are not in any way damaging to the claimant’s case.
Negotiations may be handled with or without a counsel. But it is more advisable to work with a lawyer who is an expert in personal injury cases, and an expert negotiator as well, to help a claimant in going through the process of dealing with insurance claims.