How to handle a low settlement offer for your injury

Accidents often put heavy strain on the victim’s finances.

Medical bills, physical therapy, missed work—you already have a mountain of issues to deal with. But receiving a low-ball settlement offer for your accident only adds insult to injury.

The good news is that you don’t have to accept. If you’re being low-balled, bullied, or threatened after your accident, hiring a personal injury lawyer can help you fight back. Here’s how.

Why did I receive a low settlement offer in the first place?

First of all, why did you receive a low settlement offer to begin with?

The reason could be innocent—for example, an adjuster might not have all of the necessary information, such as records of damage or medical bills.

Other reasons might be:

• Your vehicle suffered minimal damage
• You have unexplained gaps in your medical treatment
• Your pre-existing injuries and accident injuries overlap

Regardless of how it happened, you’ve received a low offer. Now what?

How to respond to a low ball offer, step by step

Many victims make the mistakes of thinking they can deal with insurance companies alone.

Perhaps for the most simple injuries involving low payouts, you may be able to negotiate successfully with insurers. However, most accidents are far from simple.

When you hire an attorney, here are the steps you can take together to negotiate a better, more fair payout:

1. Remain calm
2. Ask questions
3. Present the facts
4. Develop your counteroffer
5. Respond in writing
6. Settle (after you heal)

And remember, your initial offer was the lowest amount the insurance company thought they could get away with—that’s why there’s always room to negotiate.

1. Remain calm

It’s natural to feel disrespected and mistreated after receiving a low-ball settlement offer.

But no matter how upset you feel, never accept an initial offer you feel is too low, and also resist the urge to respond emotionally.

Your lawyer will help you remain calm and handle the negotiations professionally.

2. Ask questions

First, your lawyer will find out why the adjuster’s offer was so low.

As we discussed earlier, sometimes a low offer could be due to simply lacking information.

Regardless of why it happened, your lawyer will gather information to use as ammo for your counteroffer.

3. Present facts

Everything regarding your accident must be documented—medical bills, lost wages, property damage, injuries, etc.

The more evidence your attorney gathers, the easier time you’ll have negotiating.

4. Develop a counteroffer

With documentation in hand, your attorney will help you develop your counteroffer.

Some factors that could influence your counter offer include insurance policy limits or the assets of the person or entity who caused your accident.

Multiple offers and counteroffers may occur during your negotiation.

While it’s not always possible to reach a fair settlement through negotiation alone, you’ll be happy to know that most injury cases won’t have to go to court.

5. Respond in writing

Your attorney will write up a formal response to your settlement offer, pointing out incorrect assumptions initially made by the insurance company.

This written response will include details we’ve talked about, such as proof of your lost income, medical bills, or police reports.

6. If you do settle, wait until you recover

If you believe you’ve finally received a fair offer, then it’s time to accept the settlement and get on with your life—but not until you’ve fully recovered from your injuries.

It’s impossible to know the full extent of your injuries immediately after an accident, and you may incur additional medical costs if you settle prematurely.

Warning—you cannot negotiate after accepting a settlement

Your settlement offer is binding.

In most settlements, you’re agreeing to receive money in exchange for either giving up legal rights against or ending your lawsuit with the at-fault party.

Again, this is why it’s so important to hire an experienced personal injury attorney.

How does a personal injury lawyer help negotiate a settlement?

Experienced personal injury attorneys may have negotiated hundreds of settlements, and know how to get fair payouts for their clients—not accept lowball offers.

Your lawyer will help to even the playing field between you and the other party’s insurance company, which makes a living by offering the lowest possible payout they can get away with.

Additionally, your attorney will help you put a price on any non-economic damages you’ve suffered.

For example, how can you put a price on pain and suffering? It’s complicated, and that’s why hiring an experienced lawyer is so valuable.

For personal injury cases in Montana, Glacier Law Firm has been at the top of the industry in helping people and their families recover financially. Contact us now for a free case evaluation. Call us at (406) 298-6725 or drop by our office at 20 Four Mile Drive, Ste #4, Kalispell, Montana.