You’ve been involved in an accident that was because of someone else’s negligence and has finally received the injury settlement. Relief is quickly overtaken by anger as you know that the settlement doesn’t even come close to covering your expenses thus far. So, instead of finally reaching the end of a stressful period of your life what do you do? If you’re unsure, this article can help you plan your next step forward to gaining the settlement offer you rightly deserve.
Analyze the Offer
If you’ve sought legal advice soon after your injury, the chances are you will receive an offer in response to their demand letter. This offer is usually low, which may not seem totally crazy considering they want to save money. However, it may seem unfair, especially when the extent of your injuries or length of rehabilitation becomes known to you. The main thing to remember at this point is this is typical tactics an insurance company deploys. The difference in receiving this amount or a high figure is how you react to it.
Do not act instinctively and fire back an emotive response, because that will not benefit your claim. If you’re living in Florida, this is the best course of action moving forward. Instead, hiring someone who can explain your legal rights, perhaps a Spring Hill personal injury lawyer, will allay your concerns whilst also representing you in future communications with the insurance company, leaving you to focus on healing, both physically and mentally.
Respond in Writing
Liaise with your lawyer in respect of your reply. One thing you’ll want to discover is their reasoning for their low offer, which you can inquire about before preparing a formal written response. Their responses will form the basis for your response, which should include your counteroffer. If, for instance, their low offer is because of a lack of information, such as the full extent of your injuries and medical expenses, then you can easily supply these to the adjuster.
However, if these details have been supplied, then perhaps focus on the emotional toll such an injury has caused you. This would be in addition to the pain and suffering you have endured. For instance, if you were a keen jogger and were involved in an accident that broke your ankle, thus preventing you from doing this activity for a considerable period of time, you can mention how this has impacted your physical as well as mental health. Your lawyer will be better able to advise you as each injury is different.
What’s your Counteroffer?
It may be tempting to respond to an absurdly low offer with an equally absurd high offer, but this only delays you receiving any injury settlement offer and also prolongs the matter. Seek advice from your legal representative to determine what is appropriate to ask for in your counteroffer. There will be things to consider when arriving at this sum, such as the amount you think you deserve, in consideration of injuries sustained, recovery, pain and emotional anguish, any loss of earnings, limits of insurance coverage, and potential assets of the other side.
It may feel like it is an endless round of counteroffers, but this is an important process of negotiating your injury settlement. It’s also progress in the right direction, as you will more than likely receive a higher injury settlement offer than what was first offered.
Understand your Injuries before you Settle
The last thing you want to do is settle before you know the full extent of your injuries. If you do this, you may be left out of pocket if your medical expenses are a lot more due to a lack of knowledge of what’s actually affecting your recovery. You want to be covered for future medical expenses, so ensure you have all the available information at hand to proceed with your claim. It will be too late after you’ve agreed on a sum and signed a release to that effect. You’ll be unable to file another personal injury claim or reopen this one, expecting more money to cover additional costs. Trust your lawyer in this regard. Make sure you understand any medical issues and are in receipt of medical reports to make an informed decision along with the legal advice you receive.
If you don’t know what to do when you’ve been involved in an accident that’s resulted in you needing to make a personal injury claim, you need to seek a lawyer to represent you immediately. They will be able to advise you of the documentation you require to produce, as well as ensuring relevant paperwork is filed within deadlines. An experienced lawyer will guide you through this process and represent you, thereby allowing you to recover and not endure any of the stresses of trying to gain an appropriate injury settlement that will not leave you financially destitute but instead help your recovery.