Ylla Gosney, Attorneys at Law helps accident victims in Oklahoma. Every personal injury claim unfolds differently, but there are general steps that apply in every one. None are more worthwhile than the demand, which is where we present your case to an insurance company so they can offer you a settlement. If you’ve been injured and are dealing with an insurance company, we can help. Contact us today for a free consultation.
What’s the Demand Process After an Accident?
Being in an accident isn’t just about getting medical care, although that’s an extremely important part of it. Your case is ultimately going to rest on the evidence and information you’re able to gather. But the reason this is so vital is because you have to actually make a demand for payment from an insurance company.
Here’s an overview of what our demand process generally involves:
- Gathering your medical records – Once you decide to work with us, we’ll begin the process of requesting and gathering all of your medical records and bills, photos of your injuries, witness statements, and other documentation that will support your claim. Usually, this all happens after you’ve completed all the treatment you’ll need for your injuries. In the event that you have more long-lasting injuries, we can still make a demand, it’ll just include ongoing records and medical opinions.
- Demand letter – With everything gathered, our lawyers will then write a formal demand letter to the at-fault party’s insurance company. This letter outlines the damages you’re asking for, including medical expenses, lost wages, property damage, pain and suffering, and any other losses related to your injuries. Our demand “packet” usually includes:
- A letter detailing the accident and how the other person or group was at fault.
- A description of the injuries you suffered.
- A binder of your records, bills, and other evidence.
- A breakdown of all your damages, including financial losses and emotional distress.
- A settlement offer to resolve your case before filing a lawsuit.
- Negotiation – Once the insurance company receives your demand, they can respond in several ways. Most of the time, they’ll give you a counteroffer, or in some cases, reject the claim outright. Regardless of the response, our lawyers will negotiate on your behalf to get you the best possible outcome.
What Happens After the Demand Process?
Your next move after the demand packet is given to the insurance company depends on how they respond. If negotiations are successful and you get a fair offer, you can accept it. At that point, you’ll get a check and your claim is wrapped up.
However, there’s certain situations where the demand isn’t as successful. In fact, the entire insurance claim process has its drawbacks:
- They try to delay your case, leaving you in a tough financial spot.
- Their settlement offer probably won’t cover all your damages.
- The insurance company decides how much they will pay for your losses.
When the demand process doesn’t give you the settlement you need, it might be in your best interest to go to court. The biggest difference between an insurance claim and a lawsuit is the time and effort it takes. A lawsuit can take longer but might give you more in damages because it’s an impartial process. You’ll need to be more involved during this stage, but we’ll handle the key parts, including:
- Filing a Complaint in civil court.
- Handling important legal paperwork.
- Gathering and sharing evidence.
- Preparing you for court hearings and depositions.
- Interviewing witnesses and finding expert opinions.
- Negotiating for a settlement.
- Discussing your case in mediation.
- Getting ready for trial and presenting your case in front of a judge and jury.
Remember, every claim progresses differently. What’s important for you to understand is that our team will be there with you throughout the entire process, keeping you updated and guiding and informing your decision-making. Our number one priority is that you get the financial support you need to get better.
Turn to Ylla Gosney After an Accident in Oklahoma
If you’ve been injured in an accident due to someone else’s negligence, it can cause significant disruptions to your life. At Ylla Gosney, our experienced Oklahoma personal injury lawyers are here to help you through the claims process and gather the necessary evidence for a strong demand and fair settlement. Contact us today for a free consultation to get the process started.
