Most personal injury claims result in a settlement before going to trial.
Unfortunately, settlements aren’t always a simple process. Sometimes, the insurance company will offer you less than you deserve. We recommend negotiating for fair personal injury compensation instead of accepting your insurer’s first offer.
You can maximize your personal injury settlement in various ways, and the first step is talking with a personal injury lawyer. An experienced lawyer will help you understand your rights in the negotiation process, devising a roadmap to win you fair compensation for your injuries.
At Payne Law Firm, we can guide you through every step of the negotiation process. We have helped clients all over Houston and Charlotte earn maximum compensation for their personal injury claims, and we’d love to help you next.
After reading, you will understand how to talk to insurance claims adjusters and maximize your accident compensation claim.
Understanding the Value of a Personal Injury Settlement
Most people don’t understand how insurers determine personal injury claim payouts. Insurance companies are businesses, first and foremost. This means they are unlikely to hand out generous settlements to their customers.
Insurance adjusters typically take the following steps when generating initial offers:
- Add Up Your Losses: An adjuster may combine the monetary value of your estimated losses, including medical expenses, property damage, lost wages, and non-economic damages such as pain and suffering.
- Determine the Seriousness of Injuries: The harsher your injuries, the more likely you will receive a high-value settlement.
- Use a Mathematical Formula: Insurance adjusters do not reveal their exact valuation formula, but will likely factor in your total losses and the seriousness of injuries. They will also use a “general damage multiplier” that accounts for your unique circumstances.
Tips for Getting the Best Personal Injury Settlement
To earn the maximum reward for your accident compensation claim, you need to have a plan. Payne Law Firm has handled personal injury cases like yours for years—we recommend taking the following steps to increase your personal injury settlement.
Get Medical Treatment Immediately
Seek medical treatment if you are injured in an accident. Some injuries can only be found during an examination, and your medical bills are used to document the severity of your injury.
Preserve All Evidence
If safe, take photos of the accident scene and collect as much evidence as possible. This includes police reports, witness testimony, videos, and more.
Avoid Accepting the First Settlement Offer
The first settlement offer is always the lowest. Insurance adjusters will typically test the waters by offering values that are low but reasonable or completely unreasonable. They want to know whether you understand your claim’s true value.
Consider Future Medical Costs
A personal injury settlement should fully cover your future medical costs. If you are offered anything less, we recommend entering negotiations.
Hire a Personal Injury Lawyer
Personal injury lawyers will help you understand your claim’s true value and work to earn you maximum compensation. An experienced lawyer will have valuable connections in the insurance and medical fields, giving you a leg up over insurance adjusters.
Substantiate Your Claim with Documentation
Medical bills, police reports, and witness testimony strengthen your case during negotiations. Be sure to obtain these necessary documents.
Avoid Posting on Social Media
The negotiation process can be frustrating, but details should be kept between you and your attorney. Publicly discussing your claim on social media can reduce your ability to receive a fair settlement.
Be Patient with the Process
Unfortunately, the path to fair compensation is rarely easy. It is important to stay patient throughout this process, as reaching a compromise could take weeks or months.
Communicate Cautiously with Insurance Adjusters
Insurance adjusters don’t want to make life difficult for you on purpose. They’re just doing their job. Respectful communication is the key to opening negotiations with them. They will do the same if they understand that you are entering negotiations in good faith. If they feel disrespected, it could be challenging to reach a compromise.
Document Emotional and Psychological Impact
Physical injury can be easily documented, but how do you prove emotional and psychological suffering? Emotional distress is a personal injury, and a written statement from a doctor or therapist can document it.
What is Emotional Distress?
Emotional distress is mental suffering caused by another party’s negligent actions.
How Does Emotional and Mental Distress Affect Your Personal Injury Case?
Your personal injury claim can seek compensation for emotional and mental distress. These damages, when combined with other damages such as property damage, physical injury, and lost wages, can increase the valuation of your claim.
Negotiation Tips to Strengthen Your Personal Injury Case
Negotiating your personal injury settlement is one of the most important things you will ever do. The outcome could potentially change your life, for better or worse. Payne Law Firm is here to boost your negotiation skills and help you earn maximum compensation.
1. Know Your Minimum Acceptable Amount
You should enter negotiations with a clear understanding of your claim’s value. A personal injury attorney can help you determine this number based on evidence. The insurance adjuster will likely make low offers initially, so knowing your claim’s true value will give you more bargaining power.
2. Don’t Admit Fault
Admitting fault can make you ineligible for compensation. Do not admit fault to police, medical professionals, or insurance adjusters.
3. Don’t Settle Until You’ve Reached Maximum Medical Improvement (MMI)
What is Maximum Medical Improvement (MMI)?
Maximum medical improvement (MMI) is the point at which a patient cannot recover any further from an injury. For example, a car accident victim may only recover 75% of their physical capabilities.
A doctor will determine a person’s MMI and prescribe future treatments to manage their condition. Most attorneys will not enter negotiations with an insurance adjuster until MMI has been reached. A skilled attorney will help you earn the maximum medical improvement payout.
4. Be Prepared to Walk Away
If the insurance adjuster refuses to budge on their low offers, it’s okay to walk away. A personal injury attorney can help you explore other avenues, such as filing a personal injury lawsuit.
5. Request Justifications for Low Offers
Some insurance adjusters will make low offers to see if you know the claims process. If you ask them to justify a low offer, they will be more likely to work with you toward a fair settlement.
Mistakes That Could Lower Your Personal Injury Settlement
It’s important to tread lightly during the negotiation process. Making everyday mistakes could lead to lower compensation than you deserve. Insurance adjusters will look for any reason to lower your compensation, so avoid the following missteps.
Talking to the Insurance Adjuster Without Legal Help
The insurance adjuster will likely contact you within a few weeks of your accident. Their primary goal is to reach an insurer-friendly settlement quickly. They hope to contact you before you understand the true value of your claim.
An attorney will guide you through negotiations and help you understand your claim’s value.
Missing Medical Appointments
How Gaps in Medical Treatment Affect Personal Injury Claims
Insurance adjusters are detail-oriented, using whatever they can to devalue your claim. They may use large gaps in treatment as evidence that your injuries are not as serious as you say. We recommend scheduling consistent doctor appointments and saving copies of your medical bills.
Posting Case-Related Info on Social Media
It’s best to keep your case’s details private. Do not post about your claim or discuss it with anyone but your lawyer and other trustworthy parties.
Accepting the First Offer Too Quickly
An insurance adjuster’s first offer is always their lowest. If this offer is unreasonable, then don’t take it. A personal injury attorney can help you negotiate higher compensation.
Providing a Recorded Statement Too Early
The insurance company may ask you for a recorded statement immediately after an accident. They want you to accidentally admit fault or share details that can hurt your claim.
If you were in a car accident, you are only obligated to give a recorded statement if you are filing with the other driver’s insurance company. Confer with an attorney before agreeing to give a statement.
Get the Compensation You Deserve With Payne Law Firm
Maximizing your personal injury settlement requires patience and strategic planning. When done alone, the negotiation process can be unpredictable and daunting. Payne Law Firm can reduce your stress and help you win maximum compensation for your injuries.
Our attorneys are serious about your well-being. Insurance companies and their defense teams know we don’t back down from a fight, no matter the circumstances. We only settle when it is in your best financial interest, and we’re not afraid to take insurance companies to court.
Expert legal counsel can make all the difference during negotiations. Our award-winning team has helped thousands of clients receive justice, and we’ll do the same for you.
At Payne Law Firm, we advocate for injured parties in Texas and North Carolina. If you are looking for a personal injury law firm in Houston or Charlotte, we will be your advocate from initial consultation until justice has been upheld.
FAQs: Personal Injury Settlements
How long does a personal injury settlement take?
Depending on the severity of the accident and its circumstances, reaching a personal injury settlement may take several weeks or months.
What is Maximum Medical Improvement (MMI), and how does it affect your settlement?
MMI is the point in a patient’s recovery process where they are unlikely to improve further. Most attorneys recommend waiting to reach the MMI point before entering personal injury negotiations.
How should I talk to an insurance claims adjuster after an accident?
If you treat an insurance claims adjuster respectfully, they will likely return the favor by being more lenient during negotiations. Remember not to admit fault when talking with an insurance adjuster.
Does emotional distress qualify as a personal injury?
Yes, emotional distress qualifies as a personal injury. You can receive compensation for emotional distress by supplying a doctor’s note or testifying on your own behalf.
Do I need a lawyer to settle a personal injury claim?
We highly recommend hiring a lawyer when seeking personal injury compensation. A lawyer will help you accurately value a claim and guide you through the negotiation process.
