Recovery | Step 1 Towards Resolving Claims Quickly (No Machines Necessary)

During the first 30 days of a claim, the power of good communication between the claimants' lawyers and adjusters cannot be overstated

Two types of professionals take centre stage in the world of personal injury claims: insurance adjusters and plaintiff lawyers. Some may see them standing on opposite sides of the negotiation table, but both share a common goal — achieving fair and timely outcomes for their clients.

And yet, poor communication on both sides often delays settlements, increases costs, and heightens frustration. After years of working on these files from each side of the table, I have come to appreciate one truth above all others: the first 30 days of communication between adjusters and lawyers will determine whether a claim moves smoothly or becomes mired in delay and frustration.

Engagement is crucial

The first few weeks of a claim pass like a whirlwind, featuring the opening of new files, gathering statements and setting reserves.

For lawyers, it is a time when their clients are most vulnerable. They are dealing with injuries and facing a loss of income while trying to navigate a complicated claims process. It is crucial for lawyers and adjusters to work together from the start of the claim.

Plaintiff lawyers will always have significantly more information about the accident and their clients' injuries than adjusters. Adjusters' information is typically limited to a claims report. So, it's imperative for the adjuster, when responding to a loss, or for the lawyer, after receiving the adjuster's response, to pick up the phone and discuss the file directly. The lawyer can clarify any missing details about the claim, while the adjuster can specify which documents or medical records are needed first to secure the necessary benefits. Taking this simple step can set a positive tone for everything that follows.

Conversely, silence or delayed communication can inadvertently heighten tension. For example, the lawyer is left guessing why treatment is being denied, while the adjuster is wondering why the lawyer has not provided the requested documents or medical records. This uncertainty leads to unnecessary follow-ups, formal requests, and at times, avoidable litigation.

When communication falters early, the effects ripple throughout the life of a claim. A lack of early clarity can lead to duplicated efforts, misunderstandings and unnecessary escalation.

For insurers, poor communication translates into higher reserves, legal costs and longer file durations. For plaintiffs, it means added stress and slower access to funds they may urgently need. Both sides lose when communication is reactive rather than proactive.

Fostering good communication

When both sides establish good communication from the start, they can pick up the phone and have a frank discussion at any point in the file-handling about roadblocks and how to clear them. Sometimes, the issue could be as simple as the lawyer requesting documents but not receiving them yet. However, without open communication, an adjuster would not know this.

Good communication signals professionalism and a willingness on both sides to work together to help the claimant.

Fostering collaboration starts with three simple steps:

• Engage in phone calls

Tone and intent often get lost in emails. A quick conversation can clear up confusion, build rapport, and resolve issues faster. It also humanizes the interaction, keeping the focus on collaboration.

• When delays or tough decisions arise, explain the 'why'

Providing context reduces frustration and promotes mutual understanding.

• Stay flexible

Every claim is different. An open-minded approach enables creative, practical solutions that benefit both sides.

Collaborative culture

The best claims outcomes share a common ingredient: respect. Lawyers and adjusters who communicate early and respectfully not only move files faster, but they also change the tone of the entire process.

No one is suggesting early communication means over-disclosure or compromising your position. It is about professionalism and predictability. When both sides take the initiative to establish an open channel of dialogue, it signals a willingness to work together.

This is not only beneficial for lawyers; it is also useful for insurers. Files that progress smoothly free up resources, reduce administrative drag, and improve outcomes for claimants — all while strengthening the insurer's reputation for fairness and efficiency.

In personal injury litigation, there's often talk of 'sides.' But we're all on the same team, working toward a resolution that balances fairness, efficiency and respect for the claimant's recovery.

For adjusters and lawyers alike, the first 30 days are more than just an administrative window. They provide an opportunity to set the tone, build trust, and guide the claim toward early, equitable resolution.

As someone who has seen both the good and the ugly sides of claims management, I can confidently say that smoothly resolved files are not always the simplest ones. In these cases, both sides engaged early, listened openly, and kept the lines of communication clear from Day 1.

Originally published by Canadian Underwriter, 4 February 2026

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.