Maison Law
If you are in a car accident caused by someone else, you can usually hold them responsible for the damages you suffered. This involves negotiating with insurance companies, often with the assistance of a lawyer such as the ones at Maison Law, to secure a higher insurance payout.
But how does this process work and how can you maximize your payout?
How Insurance Settlements Work
Many people believe that car accident and personal injury cases unfold in a courtroom setting, with both sides presenting arguments to convince a jury. However, the truth is most personal injury cases are resolved outside of court, well before a trial becomes a real possibility. This is because both parties prefer to avoid the expenses, stress, time commitment, and uncertainties associated with a trial. Furthermore, since both sides typically have a clear understanding of what happened, it is common for them to come to an agreement and find a mutually acceptable resolution.
During this process, insurance companies usually carry out their own investigation to establish fault, assess damages, and more. Once they believe they have a good grasp of the situation, they typically propose a settlement to the injured party. For instance, they might suggest offering you $75,000 to cover any property damage or medical bills resulting from the accident. By accepting the settlement, you agree not to pursue any further legal actions related to the incident.
However, you don’t need to take this settlement offer. You might be able to make a counteroffer, or continue negotiations in pursuit of greater compensation, especially if your expenses can be proven to exceed the initial offer. Often, the upper limit you can pursue is the personal injury liability coverage maintained by the opposing party, but this figure varies and changes frequently; for example, California recently passed new legislation to increase minimum requirements for personal injury liability coverage limits.
How to Negotiate a Larger Insurance Settlement
So what steps can you take to negotiate a larger insurance settlement?
· Hire a good lawyer. First and foremost, you need to hire a good lawyer. Your lawyer is going to dig into the details of your case, understanding every detail so they can best represent your interests in insurance negotiations. They’re also going to give you advice, which you should take very seriously. If you have good legal representation and follow their direction, you’ll maximize your prospective benefits.
· Gather as much evidence as possible. To win compensation, you must show damages. Accordingly, you can improve your negotiating position by gathering as much evidence as possible related to your claims. Photos and videos are excellent for demonstrating the extent of damages, and you’ll also need to provide things like hospital bills and receipts for prescription medications. Your lawyer can help you figure out which types of evidence to gather and how to gather them.
· Decide on a strategy. Early on, it’s a good idea to decide on a strategy. Once you have all the relevant details on the accident and the extent of your injuries, you and your lawyer can decide how you want to position yourselves and negotiate. Do you have a goal for the amount of compensation you want to win? And what are you willing to compromise on?
· Get thorough medical care. Make sure you get all the medical care you need. That means going to the hospital immediately after the accident, following your doctor’s advice, and attending all follow-up appointments.
· Consider all harms you’ve experienced. Factor in every form of harm you experienced, including property damage, lost property, lost wages, and even your subjective pain and suffering.
· Be patient. It takes time to settle a case. Even for a relatively simple matter, it could be weeks or months before a final resolution is reached and dispersed. If your case is complicated, or if it goes to trial, it could take years. Be patient if you want to negotiate a larger settlement.
· Be willing to go to trial. Finally, be willing to go to trial (if it makes sense for your case). This puts you in a much stronger negotiating position, as the other side will want to avoid a trial if at all possible.
Negotiating a larger insurance settlement isn’t always possible, but with the help of a good lawyer, you can calculate the potential costs and benefits and decide to move forward if it makes sense to do so.
Members of the editorial and news staff of Law&Crime were not involved in the creation of this content.
