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Home » Blog » 10 Insurance Claim Settlement Negotiation Tips for Personal Injury Claims
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10 Insurance Claim Settlement Negotiation Tips for Personal Injury Claims

By Legal Desire 9 Min Read
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If you have been injured in an accident, you will likely have to settle an insurance claim. This compensation can come in a settlement, and it is essential to know how to negotiate for the best deal possible. This can be a daunting task, especially if you are unfamiliar with the process. However, following these tips ensures that you get the best possible outcome from your claim.

1) Do Not Delay the Claim Process

Begin the claim process as soon as possible after the accident. This will give you the best chance to get the total amount of compensation that you are entitled to. The longer you wait, the more likely evidence will be lost, or witnesses’ memories will fade.

Determine the total damages to establish a baseline for negotiation. It should include the cost of present and future medical treatment, lost wages, and other costs associated with your physical and mental recovery, lifestyle changes, and any other economic damages. You will also need to factor in pain and suffering, which can be more challenging to quantify.

Get all relevant documentation in order before beginning negotiations. The documents needed include:

  • police reports
  • medical records
  • Bills
  • witnesses’ testimonies
  • video records, if any, etc.

2) Hire a Personal Injury Lawyer

Hire a personal injury lawyer from bencrump.com if you have any questions or need help with your claim, as an attorney is your best bet to get a fair settlement of your injuries and material damages. An experienced attorney will know how to build a strong case and negotiate with the insurance company. They will also be able to handle all of the paperwork and legal details so that you can focus on your recovery.

Personal injury lawyers know the value of your claim and will fight for the best possible outcome. They will also make sure that you do not settle for less than you are entitled to. Never try to negotiate with the insurance company on your own, as they will likely take advantage of you.

Keep in mind that there are factors to consider when hiring a dedicated personal injury lawyer. For instance, get referrals from family and friends to choose someone with valuable years of experience and a good reputation. If you’re unable to obtain word-of-mouth recommendations, do your research online. Several websites can help you find the best lawyer in your area.

Moreover, choose a lawyer with experience handling cases like yours and someone you feel comfortable with. Schedule a free consultation with the lawyer to give you a chance to meet them and see if you feel comfortable working with them.  

3) Avoid Admitting Fault

Do not give the insurance company any reason to think that you were at fault for the accident. Do not say so if you think you may have been partially responsible for a car crash. Instead, let your lawyer handle all communications with the insurance company.

Be careful of what you say to the adjuster. They are trained to get you to say things they can later use against you. Also, do not sign anything without consulting with your lawyer first. Finally, remember that the insurance company is not on your side and is looking for any reason to deny or reduce your claim.

4) Understand Your Claim Value

It is vital to have a clear understanding of the value of your claim before beginning negotiations. The insurance company will likely make you an initial offer that is much lower than what you are entitled to. They do this in the hopes that you will accept it without knowing any better.

5) Understand Losses Associated with the Personal Injury

Many types of losses can be associated with a personal injury. These include:

  • medical expenses
  • lost wages
  • pain and suffering
  • emotional distress
  • loss of consortium

Do not let the insurance company lowball you on any of these damages. But, if they do, be sure to have documentation to back up your claims.

6) Emphasize Emotional Damages

Emotional damages are often more challenging to quantify than economic damages. However, they can be just as impactful on your life. So be sure to emphasize the emotional toll the accident has taken on you and your family.

If the injury or accident led to anxiety, depression, PTSD, or flashbacks, mention these to the insurance company. These emotional damages can significantly impact your life and should be compensated accordingly.

7) Do Not Rush to Accept the First Offer

The first offer from the insurance company is almost always low. They do this in the hopes that you will accept it without knowing any better. Do not take the first offer without consulting with a lawyer first.

You should also avoid accepting any quick settlements. These are usually much lower than what you are entitled to. The insurance company will often pressure you to take a quick settlement but resist this temptation.

8) Have a Medical Report

Your medical report will be a key piece of evidence in your case. Get a detailed report from your doctor outlining all of your injuries and how they have impacted your life.

The insurance company will use this report to determine the value of your claim. If you do not have a solid medical report, it will be more difficult to get the total value of your claim.

Aside from these, a medical report can help confirm the costs of treatment. It provides specific details on the costs of medical care, including hospital stays, doctor’s visits, and prescription drugs. Therefore, if you’ve been hurt in an accident, get a medical report as soon as possible to prove your claim and make the negotiation process much easier and faster.  

9) Put All Agreements in Writing

Once you have reached an agreement with the insurance company, write it. This will help to avoid any misunderstandings or miscommunications down the road. If the insurance company tries to change the terms of the agreement after you have already agreed to it, consult with a lawyer before signing anything.

10) Avoid Social Media

Do not post anything about your accident or injuries on social media. The insurance company will likely monitor your social media accounts and use anything you post against you. These posts can include status updates, photos, videos, and comments on other people’s posts.  

Moreover, set your privacy settings to the highest level possible if you must use social media. This means setting your account to private so that only your family and friends can see your posts. This can help prevent the other party in your injury claim from seeing anything that could jeopardize the success of your case.  

Lastly, keep all the discussions about your case private. If possible, only discuss your injury claim with your lawyer to avoid problems later.  

Bottom Line

These are just a few tips to keep when negotiating your injury claim settlement. Remember, the insurance company is not on your side and is looking for any reason to deny or reduce your claim. So be prepared, and do not let them take advantage of you.

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Legal Desire April 21, 2022
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