how to negotiate fair settlement claim

Recently I worked on a case where the family in the car had, roughly and conservatively speaking, over one hundred thousand dollars in medical bills. The driver suffered severe injuries to his neck, back, and shoulders. The front-seat passenger had similarly severe injuries to the same areas, along with a pretty severe concussion requiring a series of scans and tests to ensure she did not have a traumatic brain injury. The defendant was a commercial vehicle and, as such, has a million-dollar policy on it. Match made in heaven, right?

Thankfully all those brain scans and neurological tests will be paid for, and the victims in this car accident won’t have to eat the cost of necessary medical treatment that is in no way their fault? I’ll stay out of exact numbers on this one, but let’s say that the insurance company isn’t tendering an offer that would cover their medical expenses. It is still early days, and this is their first counteroffer. So, what do we do from here? Litigation.

Negotiating with the Insurance Company

You might be wondering why we would want to negotiate in the first place. You might be wondering why we didn’t just sue them when we got their first deeply insulting offer? Well, first of all, you can’t do that. That is called making a bad faith claim. There is a whole process that you have to follow before you can sue an insurance company.

Second, the insurance company has the right to take its time to offer you a settlement. They don’t have to make a final offer immediately. They can try and lowball you, which they will do. The first offer is always low. Even if you are desperate, taking the first offer from your insurance company is a terrible idea. They will try to get you to sign a release form for maybe 1/5th of what your claim is worth as soon as possible.

How Does the Insurance Company Know What Your Claim is Worth?

It is their business. They have massive databases cross-referencing accidents, injuries, and locations that tell them what your car wreck is worth. Their goal is to get you to settle for less than that. How do they know they are getting you to settle for less than what the claim is worth? Because they will probably make an offer to you within a few weeks of your accident. Were you Life Flight-ed away from a terrible accident? Did you have to undergo dangerous and invasive surgery? Were experimental measures used to keep you alive? Expect a letter offering you $4,500.00 three weeks out.

The reason for this is incredibly cold-blooded. If you were in a bad wreck, you aren’t doing your best. It’s probably just hitting you exactly how expensive this whole thing is going to be. Suppose you are like most Americans, and you don’t have a ton of money in savings. If you were hurt, you’ve probably missed some work.  But you need to know how much your case is worth, and to do that, you need to finish. Your medical treatment. Soft tissue damage? Herniated discs? Get checked out by a chiropractor and an orthopedic. After they clear you, then you can say, “Hey, my medical bills were this high.” When you do that, you can start thinking about how to structure your demand. The standard amount to ask for is “xspecials” or “times specials.” This is the number of your concrete expenses related to the accident (medical, lost wages, travel, etc.) multiplied by a number related to severity. If you are healing with no lingering issues, the standard amount to ask is three times special damages. Were you severely injured and dealing with a long recovery? We might ask five, seven, or even ten times special damages. Because living the rest of your life in pain is a pretty tough row to hoe.

Get a Good Attorney

There is no replacement for a good attorney. So please make sure you consult with an injury and accident attorney before taking legal action, and if you’ve been in a car wreck and want to make sure you get a fair deal from an insurance company, Call CEO Lawyer Personal Injury Law Firm at (470) 323-8779.

Find out what your case is worth here

Let us know more about your case below. Please note that your information is saved on our server as you enter it.

Step 1 of 7

What kind of accident was it?

What kind of accident was it?(Required)

Frequently Asked Questions

Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

What Is My Personal Injury Case Worth?

The value of your case depends on several factors, including the severity of your injuries, medical expenses, lost wages, and the impact on your life. Each personal injury case is unique, and the combination of these factors varies from one case to another. An experienced personal injury lawyer can provide you with a more precise estimate of your case’s value by reviewing the specific details of your situation. They will analyze similar cases in your jurisdiction, consider the legal precedents, and use their knowledge of past settlements and verdicts to gauge a realistic potential outcome for your case. This estimate helps you understand what you might expect regarding compensation and guides the negotiation or litigation process to ensure you receive a fair settlement.

What Should I Do Immediately After an Accident?

After an accident, seek medical attention immediately, even if you feel fine, to address any hidden injuries. Document everything, including photos of the scene and contact information for witnesses. Gathering witness statements is crucial because they provide an objective account of the accident, supporting your version of events and strengthening your personal injury claim. Report the incident to the proper authorities, such as the police or property owner. Finally, contact a personal injury lawyer as soon as possible to discuss your legal options and protect your rights, ensuring you receive fair compensation for your injuries.

How Much Will a Personal Injury Lawyer Cost?

Most personal injury lawyers operate on a contingency fee basis, which means that you don’t have to pay any upfront fees or hourly rates. Instead, the lawyer’s payment is contingent upon the outcome of your case. If you win your case, whether through a settlement or a court judgment, the lawyer will receive a percentage of the compensation awarded to you. If you don't win your case, you usually won’t owe the lawyer any fees for their services.

How Long Will It Take to Resolve My Personal Injury Case?

The timeline for resolving a personal injury case can vary significantly based on a variety of factors, making it difficult to predict exactly how long your case will take. The complexity of the case is a major determining factor. For instance, straightforward cases with clear liability and minimal disputes over damages can sometimes be resolved relatively quickly, often within a few months. These cases may involve negotiating a fair settlement with the insurance company, which can happen promptly if all parties are cooperative and the evidence is strong.