Getting into an accident and suffering a personal injury can be a traumatic experience. And this can be made even worse when you receive a bad personal injury insurance settlement offer. With hundreds or thousands of dollars on the line, it is important to know that there are certain steps you can take to try and rectify the situation. In this article, we will look at what you can do when a personal injury settlement offer falls far below your expectations or fails to compensate you adequately for your injuries and losses.
Consult With a Personal Injury Attorney
If you receive a bad personal injury insurance settlement offer, the first step you should take is to consult with reputable personal injury lawyers. A personal injury attorney can thoroughly review your case and assess the value of your claim. They will evaluate the settlement offer compared to similar cases and determine if it is fair or if you have grounds to negotiate for a higher settlement. They can also help you review the terms, limitations, or conditions and understand the implications of accepting the offer.
For instance, you may think that your claim may be worth more than the insurance company is offering, but an attorney may advise you to accept the settlement because there is insufficient evidence in your favor. Or, they may advise you to negotiate for a much higher settlement should your injuries require ongoing medical treatment or affect your long-term ability to work. Since every personal injury case is unique, it is essential to have an attorney who can provide advice based on your situation.
Negotiate With the Insurance Company
Negotiating with the insurance company is important in improving your personal injury settlement offer. Before you do so, ensure you have all the relevant evidence to support your claim, including medical records, bills, witness statements, and other documentation demonstrating the extent of your injuries and losses. If you have engaged a personal injury attorney, they can help you present this evidence compellingly to the insurance company.
Approach negotiations with a fair but assertive stance. Clearly articulate your position and why you believe the offered settlement is inadequate. Present the evidence and documentation that supports your claim for higher compensation. Be open to constructive dialogue and consider the insurance company’s perspective, but remain firm in advocating for what you believe is fair. If you prefer, your personal injury lawyer can represent you during negotiations to save you the pressure.
Remember that negotiations may involve multiple rounds of back-and-forth discussions. Insurance companies typically start with a lower settlement amount in the hope that they can pay out a lower sum, and it can take some time to reach an agreement that both parties find acceptable. Try to remain patient and persistent throughout the process. At the same time, consciously evaluate if the insurance company is deliberately delaying the process to wear you down. If you suspect this to be the case, you may want to consider legal action.
Consider Legal Action
In most cases, personal injury attorneys prefer to settle rather than go to trial. However, there are exceptions where going to trial may be the best course of action. One such exception is when there is a huge gap between the settlement demand and offer, and your attorney believes you have a strong case. Nonetheless, taking your case to trial can be risky, as there is always the possibility of a verdict smaller than the settlement offer or even a decision against you as the plaintiff.
The personal injury litigation process can take several years and be expensive, so weighing the potential benefits against the potential drawbacks is crucial. If you decide to pursue legal action, your attorney will guide you through the process and work diligently to build a strong case on your behalf by gathering additional evidence, consulting experts, and formulating legal arguments to support your compensation claim. You may also need to be prepared to provide any necessary testimony during the trial.
Pursue Other Avenues of Compensation
Aside from filing a lawsuit against the person who caused the accident or their insurance company, there may be other avenues for compensation that you can pursue. For instance, you may be eligible for workers’ compensation benefits if the accident occurred at your workplace. Suppose your injury occurred on someone else’s property such as a private car park. In that case, you may have the right to a premises liability claim, as property owners must maintain a safe environment for visitors.
In another example, you may have been involved in a vehicular accident where an uninsured person is responsible for your injury. In that case, you may be able to seek compensation through your insurance policy under uninsured or underinsured motorist coverage (UM/UIM). By exploring all possible avenues for compensation, you have a higher chance of receiving the financial support you deserve to deal with medical expenses, property damage, or lost wages resulting from your injury.
In conclusion, pursuing fair compensation for a personal injury claim often involves deciding whether to engage in negotiations or pursue litigation. Whichever you choose, the guidance and support of an experienced personal injury lawyer can help you to navigate the complexities of the claims process and fight for the most favorable outcome. So, do not give up when you receive a poor settlement offer!