Tips for Getting the Best Personal Injury Settlement | AllLaw

Once the personal injury settlement process begins to heat up in your case, you’ll need to have an effective strategy in place. Following these six clearance tips is a great start.

1. have a specific settlement amount in mind

In putting together your personal injury settlement demand letter, you discovered a range of what you think your claim is worth. Before you talk to an insurance adjuster about his claim, have him decide on a minimum settlement figure he would accept within that range. this figure is for his own information, not something he would disclose to the adjuster. But before the offers and counteroffers start coming and going, he helps if he already has his bottom line in mind.

Reading: How to negotiate with insurance adjuster personal injury

Remember, you don’t have to stick to the number that was originally set. If the adjuster points out facts that you hadn’t considered but that clearly make your claim weaker, you may need to lower your minimum figure a bit. And if the adjuster starts with a low settlement offer or a number close to your minimum, or discovers evidence that strengthens your claim, you may want to revise higher. Learn more about the factors that affect personal injury settlement value.

2. don’t jump to the first offer

It is standard practice for insurance adjusters to start negotiations by offering a very low amount first. With this tactic, the adjuster is trying to find out if you understand the value of your claim and your patience.

When making a first offer, your response should depend on whether it’s reasonable but too low, or so low that it’s clearly just a ploy to see if you know what you’re doing. If the offer is reasonable, you can make a counter offer that is slightly lower than the amount in the demand letter. that shows the adjuster that you, too, are being reasonable and willing to compromise. A little more negotiation will quickly get you to a final settlement amount that you both feel is fair. In these negotiations, don’t bother going over all the facts again. only emphasize the strongest points in your favor, for example, that the insured was entirely at fault.

3. have the adjuster justify a low offer

See also: How do i get health insurance outside of open enrollment

If in your first conversation, the adjuster makes such a low offer that it’s obviously just a negotiating ploy to see if you know how much your claim is really worth, don’t immediately reduce the amount you put in your demand letter. instead, ask the adjuster for specific reasons why the offer is so low. take notes of the conversation. then write a brief letter responding to each of the factors the adjuster has mentioned. Depending on the strength of the adjuster’s reasons, you may lower your claim slightly, but wait to see if the adjuster will move before lowering further.

The next time you talk to the adjuster, start by asking for a response to your response letter. The adjuster must now make you a reasonable offer that can lead to a fair final settlement figure.

Learn more about how to respond to a low settlement offer.

4. emphasize the emotional points in your favor

During negotiations, bring up any emotional points that support your claim. If, for example, you’ve sent the adjuster a particularly strong photo of a wrecked car or serious-looking injury, refer to it. if a beer bottle was found in the other driver’s car, refer again to the possibility of alcohol consumption. If similar accidents have similarly occurred at that location, remind the adjuster. If your injury interfered with your ability to care for your child, mention what your child suffered as a result. Although there is no way to put a monetary value on these factors, they can be very powerful in getting an insurance company to settle an accident claim.

5. wait for a reply

Do not reduce your claim more than once until you have a new offer from the adjuster. never lower your claim twice without a higher intermediate offer from the adjuster; it’s just not a good deal.

See also: How Much Is a Doctor Visit Without Insurance in 2022?- K Health

If the adjuster finds more reasons for a low offer, go through each one. Once you’ve dealt with all of the adjuster’s arguments, either you’ll either get a reasonable offer or you’ll have discovered that there isn’t a reasonable offer and you’ll have to try to push the insurance company a little harder.

6. know when to hire a lawyer

If at any time you feel that negotiations are not going as expected, you might consider speaking with a personal injury attorney, especially if:

  1. You are demanding compensation for serious injuries and pain and suffering beyond a few thousand dollars. An insurance adjuster is unlikely to take an unrepresented claimant seriously when claimed damages number in the tens of thousands. dollars or more.
  2. You are seeking future damages. If you are claiming future lost income or costs for medical treatment you will need later, you may want to have an attorney work out an effective settlement.
  3. There is an issue of fault. If there is any question as to who was at fault for the underlying accident, you may need an attorney to properly craft your argument.
  4. Learn more about hiring an attorney or handling your own claim.

    7. put the agreement in writing

    When you and the adjuster finally agree on a number, immediately confirm the agreement in a letter to the adjuster. the letter can be short and sweet. Check out this sample settlement confirmation letter to get an idea of ​​what this document might look like.

    this article is an excerpt from how to win your personal injury lawsuit from attorney joseph matthews (nolo).

    See also: Optional Accidental Death & Dismemberment