1. Hire A Personal Injury Lawyer
When pursuing a personal injury case, you should hire the best personal injury lawyer that you can find. A lawyer with expertise in personal injury law will give you all the help you need throughout your case. They will be able to file documentation for you and can determine a good settlement offer versus a low settlement offer. Plus, they may be able to find things that can strengthen your personal injury case that you may not be aware of.
2. Try to Remain Calm
It can be unsettling when you receive a low settlement offer. Remember that you do not have to talk to the insurance adjuster or any of the defendant’s lawyers. This is a job for your personal injury lawyer to do for you. So, even if a low settlement offer is given to you initially, it is very likely your lawyer can talk to the insurance adjuster or defendant’s lawyer to negotiate a better offer.
Then, you can submit the proper documentation to get the right amount owed to you for the negligence caused. You should talk to your lawyer about it if you find it difficult to keep your cool. Do not attempt to talk to an insurance adjuster or other personal injury lawyer to get it settled, especially when your emotions are running high.
3. Go Over The Offer With Your Lawyer
After receiving the initial low settlement offer, go over the offer with your lawyer. This way, they can determine why they are sending you such a low amount of money. Your lawyer can assess what the offer states and get all documentation needed to provide a counteroffer. This is why it is extremely crucial to have professional legal help to aid you in the process.
4. The Counteroffer
First, your attorney must make a formal rejection of the low settlement offer. Once that is done, your lawyer can create a document to provide the defendant’s insurance company with a counteroffer. Your lawyer will be able to add things like medical expenses and treatments, pain and suffering, loss of income, and any other losses that you may have suffered due to the accident or incident — although there may be a limit to the amount being asked due to insurance premiums or if the defendant is not able to cover damages caused outside of their insurance.
Your lawyer may have to write a couple of these counteroffers due to not receiving the amount that you think is viable for the damages caused to you. In the end, know that accepting a settlement is permanent. This means that you agree that you will not go to court and sue the defendant. Therefore, if you do not receive a good settlement, it may be wise to use the judiciary system to get the settlement you believe that you deserve.
5. Do Not Settle Unless you Get a Good Offer
Under no circumstances should you accept an offer if it is under the amount that is owed to you for the damages caused. This is part of the personal injury case where you are “made whole” from the incident or accident. Remember, if you accept an offer that is below the prices paid for medical expenses, pain and suffering, loss of income, etc., you cannot undo this. Also, you should consider if you were partially at fault for the accident or if you had pre-existing conditions. If this is the case, then, depending on what state you live in, money will be deducted from the amount owed.
6. It is Your Choice
Always know that you have the right to accept or refuse an offer until it is what you deem to be a good settlement offer. It is the insurance company’s job to try to pay out the least amount of money owed. This way, it saves them money in the long run. But, this is also why people have insurance, that way they are covered in case of an accident or incident. Usually, when dealing with an insurance company, the first offer will be a low offer. Having the right professional legal help can let you determine if what you are being offered is the right amount. Most lawyers know to not accept the first offer because it is usually not enough compensation for what you went through.
7. Try Not To Worry
The defendant has a legal obligation to pay out if their negligence caused injury to the plaintiff. So, do not worry about rejecting the first couple of offers. The insurance company may put a timeline on the counteroffer you can make, but do not let this intimidate you. As the personal injury case proceeds, new information and documentation may be presented to cause a new settlement offer to be evaluated. It is normal for negotiations to go on until just before the date of the trial. And, the defendant and the insurance company want to do everything they can to settle. This way, they do not go to court.
The process is simpler when you have a professional lawyer to help you with your personal injury case. Having to deal with all the paperwork and documentation on your own can be intimidating. Be sure to contact a personal injury lawyer in the Fresno, California area today. Most personal injury lawyers will give you a free consultation upon first meeting.
Although, if you are in Fresno, California, and you get injured while working, then you should know that California is a “no-fault” state which means that you will be eligible for workers’ compensation.
