During the give and take of the negotiation process, much time gets spent waiting for a response. A smart accident victim makes good use of that time.
Before the negotiations begin
The plaintiff gives notice of his or her intentions. That means letting the defendant know that the opposing party will be filing a personal injury claim. The filing of such a claim does not obligate the filer/potential plaintiff to actually pursue a lawsuit. Personal Injury Lawyer in St John’s knows that once the notice has been sent to the defendant, the plaintiff should hear from the defendant’s legal representative. That response marks the start of the negotiations.
Actions that plaintiff can take during the negotiations
Write down the details regarding the accident. When did it take place? Where did it take place? What events preceded the accident? How did the defendant trigger the accidental occurrence?
List the losses suffered as a result of the accident. Was any property damaged? Was anyone injured? Did anyone lose his or her wages, while recovering from an injury? What money was spent on medications or other forms of treatment?
Take notes while conversing with the insurance adjuster, during the negotiation process. Write down what you said to the adjuster and what the adjuster said to you. Devote time to preserving the evidence. If pictures were taken, make sure that the records show the date when each photograph got snapped. Check on the accuracy of the police report or the incident report.
Try to add to the list of witnesses. Also consult with a personal injury attorney about the possible value of an expert witness. Be sure that your hired lawyer understands the nature of your injury.
The purpose behind those first steps
The actions taken during the negotiations can be used to strengthen a case, in the event that there is no negotiated settlement. In the absence of such a settlement, the plaintiff must give consideration to filing a lawsuit.
Do not assume that someone that has filed a personal injury claim can automatically file a lawsuit. The plaintiff cannot pursue a lawsuit if the deadline given in the statute of limitations has passed.
The first steps lay the groundwork for the next steps
Ideally, the information collected by the plaintiff-lawyer team helps to strengthen the plaintiff’s claim. The collected evidence needs to be shared with the defendant’s lawyer at a discovery session. The opposing party may elect to settle at the close of the discovery session. That would eliminate the need for a trial. If a trial does get scheduled, there will be lots of evidence to show the jury. In addition, the lawyer can call a number of witnesses, perhaps even an expert witness. Thus, the plaintiff is apt to win.
To help you get the accident benefits and damages, we are available. Contact https://barapplawmaritimes.ca to discuss your case details today.