Negotiating with the Insurance Company: Tips and Guidelines

Jan 31

If you are involved in an accident there is a good chance you will have to negotiate with an insurance company. The CT car accident lawyers at Licari, Walsh & Sklaver have been dealing with insurance companies since their beginning in 1999, so we have picked up a few pointers we would like to share with you today about negotiating with an insurance company.

 

Aft you submit a demand letter to an insurance company, the negotiations process will probably consist of nothing more than a few phone calls with an insurance adjuster. During the first call, you and the adjuster will each state your points of strength and weakness in your claim. Then the adjuster will make a settlement offer, typically lower than what you requested in your demand letter. You should counter their offer with an amount higher than the adjuster’s, but lower than the original figure in the demand letter. After two or three calls, you should agree on a compensation amount somewhere in between your original request and their original offer.

 

As you are putting together your demand letter, you should have calculated what you believe your claim is worth. Before you speak with an adjuster you should decide on minimum figure you will accept. This is something that shouldn’t be revealed to the adjuster, but kept in mind as you negotiate.

 

Don’t jump at the first offer, because it is probably well below the figure you calculated and probably even your minimum acceptable amount. But make sure that you do not exaggerate your claim or your settlement amount. This will usually cause problems, and you may not get to settle at all. Make sure you are being reasonable. And to keep the adjuster reasonable, ask them to explain and justify why their offer is so low. Make notes and then write a letter responding to the factors they mention. And as with everything, put the settlement in writing. Include the amount for which you settled, what injuries or damages the settlement covers, and the date you expect to receive settlement documents from the insurance company.

 

If the insurance company refuses to pay you fair and reasonable settlement, you may need the help of an experienced Connecticut personal injury attorney to make your case for you, in further negotiations or in court. Click here or call Licari, Walsh & Sklaver today at (230) 752-1450 to speak with an experienced and trusted personal injury law firm in Connecticut.

When You Need a Lawyer for Personal Injury Claims

Jan 30

With most personal injury cases, you should consult with an experienced attorney. But there are some cases in which hiring a Connecticut personal injury attorney can be an invaluable asset to your case. At Licari, Walsh & Sklaver, LLC we have dealt with many different types of personal injury situations, but here are a few in which we highly recommend you seek the aid of an attorney.

 

Long-Term or Permanent Disability Injuries

Some accidents cause significant injuries that can have a lasting affect on your capabilities or appearance—over a year or even permanently. Calculating the compensation an injury like that should be worth requires the knowledge and guidance of an experienced attorney. There are lifelong consequences to consider, such as careers, pain and suffering, as well as emotional effects like loss of consortium or depression.

 

Severe Injuries

The severity of your injury is usually determined according to the amount of your medical bills, the types of injuries incurred, and the length of time it requires to recover. As the amount of your potential compensation increases, so does the range of compensation. You may need an attorney because of the complex legal element of your case or simply because an insurance company refuses to settle fairly.

 

Medical Malpractice

Medical malpractice is defined as injury or illness caused by the negligence (carelessness) or incompetent treatment from a doctor, nurse, hospital, laboratory, clinic, or other healthcare provider. If you have suffered from an experience of medical malpractice, the medical and legal questions involved are complex and specialized. You almost certainly need a lawyer with experience in medical malpractice cases to make sure that you receive the compensation and future treatment that you deserve.

 

Exposure to Toxic Chemicals

Injury claims of exposure can be difficult to prove and often involve complex scientific data. In addition, chemical and products industries have an army of legal staff to protect themselves from legal consequences. Make sure that you have an expert lawyer on your side as well to get the compensation you need.

 

When an Insurance Company Won’t Settle

Sometimes, regardless of your injury or the resulting financial issues, an insurance company or government agency responsible, refuses any fair settlement offers. In cases like this, it is best to hire an experienced attorney to fight with the law on your side.

 

For more information about our cases, and us, click here or call Licari, Walsh & Sklaver, LLC today at (203) 752-1450 to speak with a premier CT personal injury law firm.

Cell Phones and the Road Don’t Mix

Dec 12

If you have ever driven while using a cell phone, then you should read this article carefully. If you were in an auto accident while using a cell phone, regardless of whether or not you are found legally responsible, it could have a significant affect on your case and compensation. The experienced, trusted personal injury attorneys in Connecticut from the law firm of Licari, Walsh & Sklaver, LLC want you to know the risks when you pick up that phone in the car.

Examples of reckless driving caused by a cell phone:

  • Driving with only one hand on the steering wheel
  • Looking away from the road to reach for a cell phone, dial a number, or send a text message.
  • Being distracted by a conversation on a cell phone. Emotionally charge conversations are particularly distracting.
  • Failing to keep proper lookout or attention to surroundings because of cell phone distractions.

In most personal injury lawsuits, the defendant is blamed for an accident. If the defendant was using a cell phone before or during an accident, it will certainly affect the outcome of the case. In other recent cases, injured plaintiffs have also contributed to the accident because they were using a cell phone. The plaintiff’s comparative or contributory negligence will affect their compensation.

Employees on Cell Phones

Recent accident cases have argued that employers may be held legally responsible for their employee’s accident if the employee was on a work-related call at the time of the accident. The injured plaintiff is more likely to sue the employer than the employee, typically because the employer has more money. Because of this, a growing number of employers have prohibited employees from making or taking work-related calls.

Children on Cell Phones

Cell phones and electronics distract teenage drivers constantly, but while driving this is especially dangerous. In some cases, where a minor has caused an accident because of cell phone use, courts have ruled that the parent of the minor child is held responsible for damages. The laws are yet undecided, but parents should consider this when handing their children the keys and a cell phone.

Insurance

Insurance companies have noticed the increase in cell phone-related accidents and this will most likely have an affect on your premiums and policy. So put down the cell phone and drive.

 

If you or a loved one have been injured in an accident, you need the advice and guidance of an experienced CT car accident lawyer from Licari, Walsh & Sklaver, LLC. Click here or call us today at (203) 752-1450.

Get Experts On Your Side

Nov 27

One thing is similar in all personal injury cases—the necessity of expert witnesses. Personal injury cases involve damages, liability, and proof. Part of this proof or evidence of liability is an expert witness to provide the case with a standard of assessing damages and liability. It is critical that all of the expert witnesses agree on the elements of all three: damages, liability, and proof–in order for the plaintiff to be awarded compensation for his or her injuries.

 

The Connecticut personal injury attorneys at Licari, Walsh & Sklaver, LLC will assemble a team of expert witnesses to give professional opinion on the negligence in question. To be clear, in all personal injury suits, including medical malpractice suits, auto accidents, or nursing home issues; negligence is defined as conduct that falls below the standards of behavior established by law to protect against unreasonable risk of harm.

 

In a traumatic brain injury case, for example, the negligence could be on the part of a medical health provider, a pharmaceutical company, or by an individual who caused an accident. The victim could experience a decrease in cognitive brain function, the inability to work, or other psychological or physiological detriment. The expert witnesses called by our Connecticut personal injury law firm could include another healthcare professional, a neurologist, psychologist, etc. who will assess how the victim’s medical case, the range of their impairment, and how their daily lifestyle has been altered. The expert witness’s assessments are specifically important because they outline the necessity and cost of future treatment and/or training and how it relates to the severity of the injury.

 

If you or a loved one have been injured due to someone else’s negligence, click here or call us today at (203) 752-1450 for a consultation with our personal injury lawyers in Connecticut.

Proving Fault in Personal Injury Accidents

Oct 29

Personal injuries are traumatic and trying to pursue compensation can compound your stress.  Licari, Walsh & Sklaver are dedicated to relieving as much stress as possible by putting their knowledge and experience on your side to get you the compensation you deserve.

 

As a helpful tool to aid your consultation with one of our specialized Connecticut personal injury lawyers, Licari, Walsh & Sklaver has provided our clients with a simple guide to determine the legal responsibility in case of accident or personal injury.

  • If the injured person placed himself or herself in a compromising situation or was not where they were supposed to be, the person who caused the accident may not be liable because they had no “duty” in regards to the safety of the injured party.
  • If the injured person was careless, his or her compensation may be less according to “comparative negligence.”
  • If the negligent/liable party caused the accident while working for someone else, the employer may be legally responsible for the accident.
  • If the accident is caused by poorly built or maintained property, the owner of the property is liable.
  • If a defective product causes an accident, then the manufacturer and seller of the product are both liable.
  • When more than one negligent parties cause an accident, typically one party is financial responsible for compensation. The negligent parties determine reimbursement among themselves.

 

Your Connecticut accident attorney can help you determine the viability of your case as well as educate you about the process your case will follow to completion. For a consultation with a trusted, experienced Connecticut personal injury attorney please click here or call us today at (203) 752-1450 to being getting the compensation you deserve.