For most injury law, a lawsuit generally begins with talking with an adjuster. This article presents some general legal information about this process.
Sometimes I have people walk into my office frustrated. They explain to me that they were in a car accident a few weeks ago, and they have been trying to get money from the insurance company that insured that car that hit them. Most times they say that the insurance company paid the money for the damage to the car no problem, but that the insurance company is refusing to pay any money for medical bills, lost wages, and pain and suffering which also resulted from the automobile collision. I always tell them that they are not the first ones that have had this problem.
One of the main reasons insurance companies simply won’t “play ball” with the victims of car accidents is a simple one: most people don’t know how to file a lawsuit! When an insurance company or an insurance adjuster is staring down the barrel of a possible lawsuit (many times called a “Petition for Damages” here in Louisiana) then they are more likely to entertain settlement offers. After all, if a personal injury lawyer decides to sue an insurance company on behalf of a client, that lawsuit can end up costing the insurance company thousands of dollars in legal fees to defend, and, on top of that, they very well may end up paying the victim of the accident anyway!
So when someone walks into my office with this type of story, and as long as the other elements of their accident make sense, I will generally take the case. Once my firm gets involved, there are a few other things which we can do that the average accident person cannot.
For one thing, experience talking to insurance adjusters is of huge importance. You have to remember that insurance adjusters are people too. And just like regular people, insurance adjusters do not appreciate being talked down to, to be yelled at, or to being generally abused. Remember also that the insurance adjuster is not settling a claim with money from their personal pocket. Regardless of whether they approve or deny your claim, they are going home to sleep that night. That said, some personal injury lawyers believe that whilst in the claim stage of a personal injury lawsuit (or prospective lawsuit) it is better to “kill them with kindness” then to “give them the old vinegar.”
That is not to say that the personal injury lawyer should be a push over. Sometimes the adjuster is just not sympathetic to the claim or the claimant. Sometimes they might be in a bad mood, or just have a nasty disposition. In cases such as these, it is important that the personal injury lawyer convey the seriousness of the accident, and the willingness of him or her to file a lawsuit on the client’s behalf. As discussed earlier, sometimes this works like a charm. The point of our story? Try and lead with the carrot, but don’t forget, it’s attached to a stick!
This article is not meant to be anything other than information on the law. For legal advice, please speak with an attorney. Will Beaumont. New Orleans.
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