Getting injured is a terrible experience, but the stress of trying to get compensation for your injuries can make it even harder. Negotiating with an insurance adjuster or arguing with the at-fault party is the last thing you want to do when you’re trying to heal. However, nobody’s going to hand you compensation without a fight.
The main obstacle you’ll face is being lowballed by the insurance company. Whatever settlement amount they offer you will be far lower than what you actually deserve, but there are ways to get a higher payout.
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Hire an attorney
The best method for maximizing your payout is hiring a personal injury attorney. Whether you file a lawsuit or hire an attorney to negotiate with the insurance company, the result will be better than if you tried to do it on your own.
Lawyers know exactly how to negotiate the best possible compensation for their clients because they know how the system works. They know insurance companies have a low cap on all claims, making negotiating with them pointless. If your case is worth far more than the insurance adjuster is offering, they’ll know when it’s worth filing a lawsuit. Once that lawsuit is underway, they’ll be able to negotiate a settlement on your behalf that avoids taking your case to trial, but still provides you with generous compensation.
When you file a lawsuit, it will probably settle and that’s normal. Settling can be far more profitable for both you and your attorney since trials are expensive. In fact, insurance companies often agree to large settlement amounts because it’s still cheaper than going to trial.
If you try to negotiate on your own behalf, you’ll probably only be thinking in terms of covering your immediate medical bills, which will significantly reduce your compensation.
Discuss emotionally impactful points
If you don’t hire an attorney and decide to negotiate with an insurance adjuster directly, be sure to mention certain points that have the potential to elicit emotion from the adjuster while sticking to the facts. For example, if you sent them photos of a severe injury, remind them of this photo. Tell them if your injury prevented you from caring for your kids or your elderly parents. Make sure they know how your injury has impacted your life. Doing this can get the adjuster to feel more compassion toward you and can get them to settle for what you’re asking.
Never accept the first offer
Insurance adjusters always send low initial offers, hoping the injured party will just accept it and move on. After all, insurance companies exist to make a profit and the less they pay out, the more profitable they become.
Never accept the first offer. If you can’t have an attorney review your case, consider whether or not the offer is somewhat reasonable, despite being low. If it’s just a little low, lower your demand slightly, but keep it higher than their offer. This will show the insurance adjuster that you’re willing to compromise and can get your claim paid out faster.
If you review an offer and it’s extremely low, request a detailed justification from the adjuster. Once you get their response, go over every point they made and counter it with reasons those points aren’t valid (when applicable). For example, the insurance adjuster might say your medical bills aren’t that high, but they might not realize you have to go to physical therapy every week for at least 6 months, and your insurance won’t cover the cost.
Don’t settle with the insurance company for minor injuries
In most cases, settling with an insurance company is only ideal for minor injuries where there’s no chance of long-term damage or job loss. For example, if you broke a toe or an arm, these injuries will take time to heal, but they aren’t likely to end in permanent disability. In these cases, accepting a settlement offer from an insurance company can get you enough compensation to cover your bills and get you back to normal life.
When your injuries are severe or you can expect a long-term impact on your life, you deserve higher compensation and that’s when it’s best to hire an attorney.
Talk to a lawyer before making a decision
At the very least, get a free consultation from an attorney in your area to discuss your case. They’ll know if it’s better for you to accept an insurance claim or move forward with a lawsuit. There’s really no risk involved. Attorneys won’t take on cases they don’t think they can win, and many won’t require payment unless and until they win your case.
