How Does A Case Proceed When An Insurance Carrier Is Involved?


Is It Easy Or Complex To Fight The Insurance Carrier?

Each claim is different and unique, and each must be treated individually. Sometimes, negligence is clear-cut, and sometimes it is not.

Often people do not fully understand what constitutes negligence. Because of that, they will put more emphasis on one part of the accident and leave out details which may actually help their claim. At the Fenstersheib Law Group, P.A., we will listen to everything you have to say. We will then go over the details of your claim until we can fully visualize the incident.

Clients of Fenstersheib Law Group will say that the lawyers ask them the same question over and over, or that he sends them the same questionnaire to fill out that they already filled out last month. The Attorneys would rather ask them the same question 10 times – each time jogging the client’s memory back to the details of the incident – than miss that one fact or detail that would win them a recovery.

As the lawyers at Fenstersheib Law Group reiterate.

Something else many people don’t understand is comparative negligence. With respect to their accident, they may have also been in the wrong, or even been ticketed, but that doesn’t mean the other party was necessarily in the right. If there is even 1% comparative negligence of the defendant’s actions or inactions, they may still be able to make a recovery.

Call the Fenstersheib Law Group, P.A., even if you think the accident may have been your fault, because our attorneys are very experienced with comparative negligence issues.

Can A Personal Injury Claim Reach Settlement Before Trial?

Many personal injury claims do reach a settlement prior to trial. The majority of claims will actually settle during the demand process.

What is the demand process?

The “demand” is a large package that is sent to the defendant’s carrier once they have completed their medical treatment and have been discharged by their physician.

Once the medical disciplines have been finalized, the attorney will obtain all of their medical records, and any related billings, and prepare a package for the defendant’s insurance provider which contains all of the above information, along with their professional and legal theory of liability (why the attorneys feel they are responsible for the accident) and any other pertinent details.

The attorney will also include a “demand for settlement” in this package. Receipt of this “demand package” by the insurance carrier initiates their evaluation of the claim for settlement.

What Are The Common Reasons To Take Settlement And Not Proceed To Trial?

Many clients choose to accept a settlement rather than proceed into litigation and/or the trial process.

Why is that?

The trial process can be lengthy and is dependent on the Judge’s schedule and the time frames imposed by the court system.

Also, once a claim proceeds to litigation, there are additional costs incurred in the litigation process, including but not limited to: court reporter fees, deposition fees, transcript fees, expert witness fees, investigative fees, and court filing costs. For these reasons, many people choose to accept a viable offer prior to the costs of litigation.

What Should Someone Do If The Defense Carrier Contacts Him For A Statement?

If you have retained Fenstersheib Law Group to represent you and are contacted by the defense for ANY reason, we advise you to tell them you have legal representation. Then, give them the name and telephone number of Fenstersheib Law Group. Next say goodbye, and politely hang up the phone.

Do not answer any questions or engage in any other conversation with the defense or their representative/s without your attorney present.

Are There Times When The Person Should Or Must Give A Statement?

There are times when a statement may, or even must, be taken. Fenstersheib Law Group advises you to only do so with your attorney present.

If you need information about the Role Of Insurance Carriers in a Personal Injury Case, call the Fenstersheib Law Group, P.A., now for a FREE initial consultation at 800-835-5762 & 954-456-2488 and get the information and legal answers you’re seeking.

Attorney Robert Fenstersheib

Get your questions answered - call us for your FREE consultation at 800-835-5762 & 954-456-2488

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