As a business owner, keeping informed about the finer points of employment law is important. If you're getting ready to hire your first employees, you need to be sure that you understand exactly what you can and cannot do. Don't risk getting yourself into legal trouble by asking the wrong question at the interview or making an off-hand comment that's considered legally unacceptable. I created this site to give you the basics of employment law expectations. I hope that the information here helps you to understand what you should and shouldn't do as you're interviewing and hiring your first staff members.
After you have sent a personal injury demand letter, the defendant (through their insurance company) has a limited time to respond. Below are some of the things to expect with the response.
The insurance company may accept your offer on its face value. This is possible, but very rare. Insurance companies always want to negotiate to reduce their payouts. Such acceptance may mean that your demand was weaker than it should've been. The insurance company may rush to accept your offer and get you to sign a release of liability before you realize your mistake.
Instead of acceptance, you might also receive a total denial in the demand letter. This might be the case if the insurance company is convinced that the premise on which you anchored your demand is flawed. Again, this is not extremely common, but it is a possibility.
For example, many personal injury cases are based on negligence. Thus, if the insurance company is convinced that their client (the defendant) wasn't negligent, then they will have no option but to deny your demands in their entirety.
In many cases, the insurance company's response will be a partial denial of your demand. For example, the insurance company may accept their client's negligence, but deny the amount of settlement you have asked for. Another example of a partial denial is if the insurance company accepts some property damages, but not some injuries. A partial denial is a good start because it shows the company's willingness to negotiate.
If you receive a partial denial, then you may also receive a counteroffer alongside it. The insurance company may say that they accept A, B, and C but deny X, Y, and Z, and then offer you a figure lower than your initial demand. In such a case, do not despair because the insurance company expects you to negotiate. Your response should contain reasons or proof for your demands.
In many cases, a partial denial will also contain reasons for the denial. For example, the insurance company may inform you that your demand is unreasonably high because you did not mitigate your damages. Gather the necessary documents to show the insurer how you mitigated the damages, for example, by seeking prompt medical care.
The wording of the response will help you determine how to proceed. Hopefully, you will have an experienced attorney scrutinize the response and help you pursue the damages. For more information, contact your local personal injury law office.