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Delaware County Personal Injury Lawyer

Settlement Strategies for Personal Injury Litigation

Settlement Conference

The final opportunities for settlement occur after a settlement conference and at the courthouse steps. Judges almost always push hard for settlements at these conferences. The attorneys and their clients may find the judge’s arm twisting irresistible and settlement may result. If it does not, the judge will order the case to trial. When faced head-on with this prospect,…

Depositions and the Settlement Process-Personal Injury Litigation

Depositions

Insurance companies know that jury verdicts, even for legitimate and substantial accident injury claims, are often much lower than they used to be. Thus, the insurance companies almost never offer full value until you have proven to them that they really have no other choice. That means having many aspects of your seemingly private life explored by means of subpoenaed…

Negotiating with Insurance Companies in Personal Injury Litigation

Once the insurance company has finally made you a settlement offer, be prepared to say no. It is very rare for the first offer to be their best offer. When you go to purchase a car, you do not accept the first offer from the dealership. Similarly, the insurance company does not expect you to take their first offer, and that is why you can expect to initially receive a low ball offer.

Sample Settlement Demand Letter for Personal Injury Litigation

October 19, 2013
GOOD HANDS INSURANCE COMPANY
1400 N. PROVIDENCE ROAD

SUITE 5055

PHILADELPHIA, PA 19151

ATTN: N. SURANCE,

CLAIM REPRESENTATIVE

RE:      My Client:                   A. Ken Head

Your Insured: Al Coholic
Claim No:                    1234567890000000

Dear Ms. Surance.

Enclosed are the following medical bills and…

Working with Personal Injury Insurance Claims Representatives

You can expect that, the first time you speak with the insurance company’s claims representative about settlement, there will be some kind of excuse for why a settlement offer cannot be made at that time. That is standard operating procedure. It does no good to get frustrated or angry. If the explanation is reasonable, handle it professionally and courteously. You will know if you are being…

Important Factors in Getting Personal Injury Cases Settled

Be sure to send organized copies of your medical bills and reports with your settlement demand letter. Arrange them in chronological order, beginning with the ambulance bill, the emergency room bill and report, the bills and reports of your primary physician, followed by the bills and reports of any specialist that you have seen. After this comes the physical therapy bills and reports, and then…

More Factors Involved in Increasing Value of a Personal Injury Lawsuit

Holding Out for a Better Settlement

The willingness you and your attorney have for holding out for top dollar is another important factor. Insurance companies always start with a relatively low offer and work their way up. Your attorney is ethically required to report each and every offer to you. If your attorney is experienced, he or she will tell you if the first offer is too low and ask…

Spy Cams in Litigation: A Violation of the Wiretap Act

Last month we discussed SEPTA’s use of video to ward off fraudulent claims.  This month we’ll discuss a case in which the insurance company used a surveillance video and got itself caught in a violation of the wiretap law.  Click here for more about that law.

This story begins with a simple car accident.  First Keystone Risk insures the taxi that rear ended my client.  About a mont…

Value of a Personal Injury Claim: The Defendant’s Likability

The Defendant

The personality and actions of the defendant are yet another important factor. If the defendant’s actions were particularly outrageous, the sky is the limit as far as the jury may be concerned.

Example: Dave was struck in the back by a car as he was walking along the side of a country road. The compensatory damages, that is, the damages that were strictly to compensate him…

How to Increase the Value of Your Personal Injury Claim

Doctor Reputation

Your doctor’s reputation is also important. There are many doctors who are notorious for having a patient base made up almost solely of personal injury plaintiffs. Insurance companies suspect that many of these patients are faking or exaggerating their injuries. Naturally, the insurance company resents this kind of case and will not offer top dollar. The company may wish to…

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