Being involved in an accident that results in personal injury can be a very traumatic experience. Apart from the physical and emotional pain that a victim goes through, there are also financial implications, such as medical bills, loss of income, and property damages. In such instances, filing a personal injury claim is usually the best course of action to recover compensation for the losses sustained. In Nebraska, negotiating with insurance companies when filing a claim can be quite complicated. Here are some tips on how to negotiate with the insurance company in a personal injury claim in Nebraska.
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Establish Fault
One of the key factors to consider when negotiating with an insurance company is establishing fault. In Nebraska, the legal principle of comparative negligence applies. This means that if the victim is found to be even partially at fault, the compensation awarded will be reduced by the percentage of fault attributed to them. As such, it is important to prove that the other party was completely or mostly at fault for the accident.
Gather Evidence
Before negotiating with an insurance company, it is vital to gather as much evidence as possible. This may include police reports, witness statements, medical records, and photographs of the scene of the accident. Compiling such evidence will help to strengthen the case and increase the chances of getting a favorable settlement.
Know Your Rights
It is crucial to be aware of your legal rights in a personal injury claim. In Nebraska, you have the right to file a claim for damages caused by another person’s negligence or intentional actions. You also have the right to seek compensation for past and future medical expenses, lost wages, pain and suffering, and other damages related to the accident.
Be Careful With Recorded Statements
Insurance companies may request recorded statements from the victim in order to gather information that may be used against them later. It is important to be careful with such statements and to consult with a personal injury attorney before making any statements. Insurance companies may use the victim’s statements to deny or reduce their claim.
Hire an Experienced Attorney
One of the best ways to negotiate with insurance companies in personal injury claims is to hire an attorney. Personal injury attorneys have the legal knowledge and experience to handle negotiations and ensure that victims get the compensation they deserve. An experienced attorney can help to provide evidence, negotiate a settlement, and represent the victim in court if the case goes to trial.
Be Patient
Negotiations with insurance companies in personal injury claims can take time, and it is important to be patient throughout the process. Insurance companies may delay negotiations in order to force the victim to settle for a lower amount. It is important to hold out for a fair settlement and not rush the negotiation process.
Be Firm
During negotiations, it is important to be firm and assertive. Insurance companies may try to lowball the victim with unfair offers in order to save money. It is important to stand firm and not settle for less than what is deserved. An experienced attorney can help to negotiate with insurance companies on behalf of the victim and ensure that a fair settlement is reached.
Conclusion
Dealing with an insurance company in a personal injury claim can be a challenging experience. However, with the help of an experienced attorney and a thorough understanding of your legal rights, negotiating a fair settlement can be achieved. It is important to be patient, gather evidence, and stand firm during negotiations in order to ensure that justice is served.