How Does a Personal Injury Attorney Respond to a Low Settlement Offer?
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Sometimes it is not always necessary to launch a full personal injury lawsuit to get to a fair settlement offer. Sometimes the negotiation can take place between filing a claim and filing a lawsuit.
While it’s always a good idea to begin talking to a personal injury attorney before dealing with any insurance claims adjuster, it’s also important to know what the process is and what your options are. It’s also important to understand some of what’s going on “behind the scenes” when an offer comes through.
What the Initial Offer Usually Looks Like
Before the case goes to litigation you and your attorney will generally be dealing with the insurance adjuster. The adjuster will total up all your damages and will make an offer. Sometimes they will tell you they have a maximum number they are authorized to offer. This is true: adjusters do have limits on their authority. They aren’t required to share the true and honest version of that number with you, however. It might be considerably higher than the number they report.
It also doesn’t much matter in terms of whether the settlement is fair for you. Either it covers your damages and fairly addresses your pain and suffering or it doesn’t.
Still, the adjuster wins if they can make you take this first offer. The difference between the ceiling and the settlement is considered profit. Their career relies on making that profit. In addition their career depends on their ability to keep insurance company money in the bank as long as possible, since that money is sitting there earning interest.
This is one reason why the insurance companies often delay, delay, delay and deny, deny, deny as much as they possibly can. They are also setting up their future case, which is why you may see accusations of fault or claims that your injuries don’t warrant the kinds of medical treatment you received.
What Can Prevent a Fair Offer
Believe it or not, some adjusters will give you a fair offer without much fuss, especially if the case is smaller or not very expensive. Sometimes the only thing preventing them is a lack of information. Sometimes a medical bill or other information is missing, for example.
Sometimes they just want to see if they can get you to take the lower offer. If they can, then why not let you? Sometimes all you have to do is have your attorney answer with a figure that makes more sense to get a fair settlement long before you have to file a lawsuit.
In some cases, of course, the insurance company acts in bad faith as a matter of course, and they’re going to do this to everyone. Attorneys who deal with these companies every day can often tell which kind of issue you’re dealing with.
How Your Attorney Will Answer the Offer
Your attorney may try making a counter offer directly to the adjuster. Getting a low ball offer is not a big deal if you already have support from someone who can evaluate the offer and put some weight behind a counter offer. This is literally the start of the negotiation process.
Your attorney will challenge each reason for the low offer and provide evidence as to why your version of events is the correct one. In some cases this may result in a fair settlement without having to go to a lawsuit.
Next Steps
If you cannot get a fair settlement from the adjuster then it may well be appropriate to move to a lawsuit. Your attorney can help you make this determination. Of course, a lawsuit may be settled any time before the jury comes up with a verdict, so this does not preclude receiving a settlement offer that will work somewhere during the process.
Don’t try to deal with the insurance industry alone. Get help. Contact our experienced personal injury attorneys today.
See also:
What Is the Timeline for a Personal Injury Lawsuit?
How to Increase the Value of Your Personal Injury Claim?
How Do Car Accident Cases Work in New Jersey?
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Sometimes it is not always necessary to launch a full personal injury lawsuit to get to a fair settlement offer. Sometimes the negotiation can take place between filing a claim and filing a lawsuit.
While it’s always a good idea to begin talking to a personal injury attorney before dealing with any insurance claims adjuster, it’s also important to know what the process is and what your options are. It’s also important to understand some of what’s going on “behind the scenes” when an offer comes through.
What the Initial Offer Usually Looks Like
Before the case goes to litigation you and your attorney will generally be dealing with the insurance adjuster. The adjuster will total up all your damages and will make an offer. Sometimes they will tell you they have a maximum number they are authorized to offer. This is true: adjusters do have limits on their authority. They aren’t required to share the true and honest version of that number with you, however. It might be considerably higher than the number they report.
It also doesn’t much matter in terms of whether the settlement is fair for you. Either it covers your damages and fairly addresses your pain and suffering or it doesn’t.
Still, the adjuster wins if they can make you take this first offer. The difference between the ceiling and the settlement is considered profit. Their career relies on making that profit. In addition their career depends on their ability to keep insurance company money in the bank as long as possible, since that money is sitting there earning interest.
This is one reason why the insurance companies often delay, delay, delay and deny, deny, deny as much as they possibly can. They are also setting up their future case, which is why you may see accusations of fault or claims that your injuries don’t warrant the kinds of medical treatment you received.
What Can Prevent a Fair Offer
Believe it or not, some adjusters will give you a fair offer without much fuss, especially if the case is smaller or not very expensive. Sometimes the only thing preventing them is a lack of information. Sometimes a medical bill or other information is missing, for example.
Sometimes they just want to see if they can get you to take the lower offer. If they can, then why not let you? Sometimes all you have to do is have your attorney answer with a figure that makes more sense to get a fair settlement long before you have to file a lawsuit.
In some cases, of course, the insurance company acts in bad faith as a matter of course, and they’re going to do this to everyone. Attorneys who deal with these companies every day can often tell which kind of issue you’re dealing with.
How Your Attorney Will Answer the Offer
Your attorney may try making a counter offer directly to the adjuster. Getting a low ball offer is not a big deal if you already have support from someone who can evaluate the offer and put some weight behind a counter offer. This is literally the start of the negotiation process.
Your attorney will challenge each reason for the low offer and provide evidence as to why your version of events is the correct one. In some cases this may result in a fair settlement without having to go to a lawsuit.
Next Steps
If you cannot get a fair settlement from the adjuster then it may well be appropriate to move to a lawsuit. Your attorney can help you make this determination. Of course, a lawsuit may be settled any time before the jury comes up with a verdict, so this does not preclude receiving a settlement offer that will work somewhere during the process.
Don’t try to deal with the insurance industry alone. Get help. Contact our experienced personal injury attorneys today.
See also:
What Is the Timeline for a Personal Injury Lawsuit?
How to Increase the Value of Your Personal Injury Claim?
How Do Car Accident Cases Work in New Jersey?