Categories: Firm News

What To Do If A Personal Injury Settlement Negotiation Fails

If you have been negotiating a personal injury claim with the insurance adjuster and think it has not worked out, don’t lose hope. It’s common for claim adjusters to make a low offer and then stick to it to frighten you from obtaining a better settlement. Any victim who has ever worked with recommended personal injury lawyers can tell you that any insurance adjuster must first make a low initial offer before agreeing to pay what an injury claim is worth. If you are in such a situation, there are options to consider.

Points To Consider When Dealing With Failed Personal Injury Negotiations

Every insurance company’s goal is to offer as little as possible. In this attempt, they always demand an unreasonable amount of evidence or may claim you never responded correctly to questions asked. Such complaints are widespread. If you file a claim and the insurance company seems to use every tactic to extend the negotiation process and offer a low settlement, you can choose to take other steps to ensure you get what you want. They include:

  • Speak to a personal injury lawyer:Getting legal advice should be the first step to take to ensure your arguments are valid. The insurance adjuster can take you more seriously if a lawyer represents you. You may even make the adjuster aware that you are preparing to file a lawsuit with the help of your lawyer.
  • Be persistent:If the insurance adjuster notes that you are patient and persistent, he/she may be more inclined to give you a fair settlement.
  • Raise a bad faith claim: Filing a bad faith claim may result in being compensated for a larger amount compared to what you were to be awarded initially. However, to be successful in your bad faith claim, you have to prove that:
  • The insurance company refused to pay your claim with no reasonable basis.
  • Your injury claim was not investigated appropriately and promptly.
  • You had provided the right documents or evidence.
  • The amount you were to receive was much lower than what your injury claim deserved.

If the insurance adjusters’ acts were reprehensible, you might even be awarded punitive damages.

You don’t have to jump to any offer given by the insurance company. To avoid making mistakes, you can consult a personal injury lawyer through a free initial consultation.

File A Personal Injury Lawsuit

In most cases, insurance adjusters seem to hold their position stubbornly. But once they understand the possibility of having a plaintiff file a lawsuit, they want to avoid this at all costs. Your lawyer can inform the insurance adjuster that if a settlement is not reached at a specific date, the next thing is to file a lawsuit. A lawsuit is the only way you can protect your legal rights and ensure the insurance company pays what your injury claim is worth. For more information on how to deal with insurance companies’ improper tactics to deny your claim, you can speak with an experienced personal injury lawyer.

Live Chat