In some instances, your solicitor may advise you to make an offer to the defendant. Your solicitor will advise you on whether to accept or reject an offer; however, it is your decision to make. If liability has been admitted and we have enough evidence to work out how much the claim is worth, we are likely to recommend that you settle your case at this stage.
If the defendant has made a fair offer that your solicitor thinks is acceptable, they will advise you to accept it. Remember that accepting an offer will mean full settlement of your claim.
There will be no opportunity to reopen the claim, so it is vital that you do not settle until you are happy with one of the following:.
Your lawyer will make you aware of when you can expect to receive your settlement cheque. Either the claimant or the defendant can make a Part 36 offer as a way to convince the other party to settle the claim early without having to go to court. If used wisely, this can be a powerful negotiation tool.
A Part 36 offer can be made at any point during the claims process, and is made without any blame for the accident. A minimum period of at least 21 days must be given to consider accepting the offer. During this period, the party making the offer is liable for all costs - this is known as the Relevant Period. An offer cannot be altered or withdrawn during the Relevant Period unless the court gives permission.
If you believe that the offer compensates you for your injuries and losses, you can accept the offer. Compensation is usually paid out quickly with Part 36 offers; however, you will not be able to claim any more money for your injuries at a later date, which could result in serious financial loss in the future for example, loss of earnings or medical costs.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Position yourself to get the best settlement from the insurance company after any kind of accident. Let's look at how to best position your claim for success. Have a Settlement Amount in Mind As part of putting together your demand letter, you should have determined what you believe your claim is worth.
Reservation of Rights Letter If you receive a "reservation of rights" letter from the insurance company, don't be alarmed or intimidated. Do Not Jump at a First Offer When the insurance adjuster makes you a first offer, it may be so low that it is just a tactic to see if you know what you are doing see below.
Get the Adjuster to Justify a Low Offer If an adjuster makes a first offer so low that it is obviously just a negotiating tactic to see if you know what your claim is really worth, do not immediately lower the amount you put in your demand letter. Emphasize Emotional Points In these negotiations, don't bother to go over all the facts again.
Put the Settlement in Writing When you and the insurance adjuster finally reach agreement, immediately confirm the terms in a letter to the adjuster. More Information About Negotiating Your Personal Injury Claim For more details on negotiating an insurance claim, including sample letters to insurance companies, suggestions for handling negotiations, and strategies for dealing with an insurance company that refuses to make a fair offer, see How to Win Your Personal Injury Claim , by Joseph L.
Talk to a Personal Injury Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Personal Injury Law. Settling Your Personal Injury Case.
Vehicle Accident Cases. Dog Bites and Related Injuries. Medical Malpractice Claims. Accident Claim Worksheet. Although he lives locally, we used email and phone calls most of the time. Do you think it was worth his while to reject the pre-medical offer whiplash settlement and seek full compensation?
He was very happy and sent a beautiful gift box full of goodies to the office with a very kind note. Here I am planning what to enjoy next:. Hannah Bickley with a gift box from a grateful client following settlement of his accident claim.
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