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Negotiating a Settlement In Oregon

March 23, 2023 by Shea Metcalf

A Personal Injury Attorney can help to negotiate your settlement.

A personal injury attorney can help negotiate a settlement between you and the adverse parties in your claim. Riverpoint Law is a personal injury firm designed to help you receive a settlement for your injury. You can expect the settlement process to start from the very early stages after you are injured.

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Who is part of a settlement agreement?

When an accident happens, there are many parties involved. The adverse party usually has some sort of insurance policy. If this adverse party’s insurance has limits high enough to compensate for your claim, you will likely deal almost exclusively with the adverse party’s insurance in coming to a resolution as to settlement. The adverse party may even reach out to you before you hire a personal injury attorney to try and settle your claim for pennies on the dollar. In most cases, once a settlement agreement has been reached, you will receive no further compensation. That is why you should seek the advice of a personal injury attorney before settling your claim. 

How are offers made?

As soon as you choose to hire a personal injury attorney, your personal injury lawyer will deal directly with all the parties involved. Almost directly after being hired, your personal injury attorney will send out letters of representation to all parties involved. The involved parties will then communicate with your personal injury attorney directly.  If any offers are made, your personal injury attorney will contact you with the offer details and counsel you as to whether or not you should accept the offer.

When are offers made?

Most of the time the adverse party’s insurance will wait until your injury has either fully healed from treatment, or has reached a plateau in treatment. This allows them to have a good grasp on the extent of the injuries before they make their first offer. Your personal injury lawyer will put together a demand letter when you are done treating and will send that demand letter to all the adverse parties involved.

What material does the adverse party receive to evaluate the claim?

Writing the demand letter is an involved process. During the course of your treatment, your attorney will be collecting all the necessary proof and documentation in order to write the demand letter. To prove your claim, your personal injury lawyer will need proof of any wage loss, medical bills, or loss of enjoyment of life. This usually consists of all medical records and billing, pay stubs, W2’s, Tax Returns, Photos, and some sort of journal or entry that describes the hardships of the injury for your loss of enjoyment of life.

How long does negotiating a settlement take?

Once the demand letter is sent, it usually takes at least a month for the adverse party to review the information and give their first offer. The adverse party will contact your personal injury lawyer and discuss the weaknesses of the claim while your personal injury lawyer will discuss the strengths of the claim. Your personal injury attorney will not accept any offer until you have approved the settlement offer. Once your personal injury lawyer has spoken with the adverse parties, your personal injury lawyer will contact you to discuss the offer. Usually, the first offer is a low offer. From the first low offer to the final accepted settlement can take time. Ideally, you are offered an acceptable offer within the time limits of your claim so you do not have to file a lawsuit. If a lawsuit is necessary, your personal injury lawyer will discuss the pros and cons of filing the lawsuit.

Disclaimer

This article is to be used as educational material only and is not to be construed as legal counsel. If you feel you have a claim, you should speak with an attorney to help you in your claim. The attorneys at Riverpoint Law specialize in helping with car accident claims in Oregon. They can help you navigate through this difficult process.

Category: Albany, Car Accident Lawyer, Corvallis, Grants Pass, Law Services, Medford, Oregon, Personal Injury Attorney, Portland, Reedsport, Roseburg, Tigard
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