Learning About Criminal Law Proceedings

Litigating Disputes With Insurance Carriers

Following an accident, it is common for individuals to have suffered extensive damages or losses that they need to recover. Not surprisingly, this can often involve insurance litigation proceedings, and while this may be a routine process for legal professionals, accident victims will often be uninformed and unsure as to what this process will involve or what they should expect from it.

Is Insurance Litigation Only For Victims Of Auto Accidents?

Auto accidents are some of the more common incidents that may lead to individuals pursuing legal action against the party responsible. These incidents can be extremely destructive, and this will lead to individuals needing to use the legal system to enforce payment for these losses. Not surprisingly, the prevalence of auto insurance will often lead to disputes with the insurance for the defendant. However, this is not the only case where insurance litigation may be needed. In fact, this is often required whenever there is an accident that will involve an insurance provider. These carriers will have a strong incentive to pay as little in damages as possible, and this can lead to them making unreasonably low settlement offers for victims.

How Will You Know If A Settlement Offer Is Reasonable For The Damages And Losses That You Suffered?

Insurance companies will tend to offer lower settlement values than the case is actually worth, and this can be a surprisingly effective tactic for the insurance carrier. This is due to the fact that a victim is often unlikely to be aware of the full value of their case. As a result, they may be tempted to accept an offer that may initially appear to be fair but that actually greatly undervalues the case. In order to avoid this potential issue, individuals should have any settlement offers reviewed by an attorney before they accept them. As part of the process of accepting a settlement offer, you will sign away your ability to pursue further legal action.

What Should You Expect From The Insurance Litigation Process?

Insurance litigation cases will often involve a series of negotiations between the insurance company and the accident victim. However, these discussions may not produce a mutually agreeable outcome, which can lead to trial proceedings. These proceedings can be either before a full jury or simply in front of a judge. However, it will involve building a strong case tying the losses that were suffered directly to the coverage that the insurance provider is legally obligated to provide. 

For more information, contact a law firm like Berg Plummer Johnson & Raval, LLP.


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