In this article, a personal injury attorney in Oakland examines how the opposition seeks and exploits any flaws that may be present in your case that the adjuster might have missed.
Your Oakland personal injury lawyer determines how much information to give the adjuster as the negotiations ensue. The opposition will strain every nerve to find anything they can use against you. If there are shortcomings in the case, counsel for the defense is certain to be searching for them and is equally certain to find them. The defense counsel can use the formal methods of discovery that come into play once litigation proceedings have begun. Since these methods are not available to the insurance adjuster, the defense counsel is in a better position to spot anything that the adjuster might not.
The opposition’s legal counsel has access to interrogatories, independent medical examinations, depositions and physician’s reports and releases and can file requests for the production of additional documentation as well. These could reveal that you might have had injuries before the accident that are not connected to the current case, that you may have been involved in illegal activity at some time, that you have history of substance abuse or alcoholism or that the injuries you sustained were to muscle and tendon rather than broken bones. Any of these can seriously damage your case. It is vital that you be completely upfront and keep nothing back from your attorney so that there are no hidden surprises that the opposition can use to your detriment. Further, if there are faults in your case, your attorney may wish to negotiate for settlement rather than continue with a lawsuit.
Effect of Flaws on Settlement
If there are issues with your case that the adjuster has seen, the time to address these is while negotiations are in progress. Such shortcomings as are shown above can result in a substantially smaller settlement offer than you and your Oakland personal injury lawyer may have foreseen. Anything in your case that could have this effect should be calculated into the settlement range so that once again, there are no surprises. If legal proceedings are initiated, these weaknesses can have unfortunate effects at trial and preparations for this must be carefully made.
Leave Nothing to Chance
Your personal injury attorney in Oakland has the training, education and experience needed to provide you with quality representation. Contact the Orr Firm today by calling 510-985-4600. Don’t hesitate. Call now.