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Responding to Low Personal Injury Settlements

Responding to Low Personal Injury Settlements
Calendar icon November 20, 2024 | Reading Time: 6 min
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Sustaining an injury due to someone else’s negligence can be physically, emotionally, and financially devastating. Whether it’s from a car accident, a slip and fall, a workplace injury, or another type of accident, the road to recovery involves more than just healing—it often includes navigating the complex world of personal injury claims.

Once your injuries are documented and a claim has been filed, you may receive a settlement offer from the insurance company. However, it’s common for the first offer to be much lower than what you actually deserve—this is known as a “low-ball” offer.

How you respond to a low-ball offer affects the money you receive and your ability to cover your medical bills, lost wages, and other damages related to your injury. 

Take Time to Analyze the Offer

When the first settlement offer arrives, especially if it’s low, you may feel frustrated or anxious. But, accepting the initial offer from the insurance company without a clear assessment is a mistake. Instead, here’s what you should do:

  • Examine the Scope of Your Injuries: The offer should include all current medical expenses, including emergency care, hospital stays, surgeries, and ongoing treatments like physical therapy that are not covered by your own no-fault coverage. It should also consider future medical needs, including medications and long-term rehabilitation, as well as lost wages from missed work and any future income loss due to your injury.
  • Consider Non-Economic Damages: The offer should provide fair compensation for the emotional distress, trauma, and physical pain you’ve endured, as well as acknowledge the impact your injury has had on your ability to enjoy hobbies and social activities you once valued.

Remember that low-ball offers are typically designed to test how much you’ll accept. They may not include all aspects of your damages, particularly non-economic losses. In New York State, you are entitled to claim damages for both economic and non-economic losses, so ensure your settlement reflects both.

Respond Rationally, Not Emotionally  

You might feel the urge to react quickly to a low settlement offer, but resist the impulse to send a quick, emotional response. Instead, consider the following:

    1. Call the insurance adjuster: Consider seeking clarification on why the original offer was made with the insurance adjuster. 
    2. Politely decline the offer: Clearly state that you cannot accept the offer, as it does not cover your damages in totality. 
    3. Provide justification for your denial: Explain why you don’t believe that the offer is fair. Include evidence of this, including medical bills, proof of lost wages, etc.
    4. Write a professional response letter: The insurance company may require a formal written response to your offer. In your letter denying the settlement offer, be sure to avoid emotional language and provide additional documentation where needed. 

By approaching the situation calmly, professionally, and with clear evidence to support your position, you can effectively advocate for a fair settlement that truly reflects the extent of your damages.

Make a Reasonable Counteroffer

Once you’ve reviewed the low-ball offer and gathered all of the necessary documentation, the next step is to make a reasonable counteroffer. Here are some strategic tips to consider:

    1. Be Realistic: While it’s tempting to ask for a higher amount to make up for the low offer, this can backfire. Insurance companies are more likely to engage in productive negotiations if your counteroffer is reasonable and well-supported.
    2. Base your counteroffer on facts: Ensure your counteroffer includes the full scope of your past and future medical expenses, as well as compensation for the emotional toll of your injury. Also, keep the at-fault party’s insurance policy limits in mind, as the insurer can only offer up to the policy maximum. 
    3. Set a range: Rather than submitting a single figure, you may want to present a range for your counteroffer. This shows flexibility, while still signaling that you’re serious about receiving a fair settlement.

Make sure your counteroffer is reasonable and based on the full scope of your damages, including medical expenses and emotional toll. Be mindful of the at-fault party’s insurance limits and consider offering a range to encourage productive negotiations.

Understand the Power of Negotiation

Negotiating a personal injury claim can be a lengthy process, but it’s important to approach it with patience and persistence. Here are some tips for successful negotiations:

  • Expect Multiple Rounds of Offers: Insurance companies often begin with a low offer to see how much you’ll accept. Don’t be discouraged if the first counteroffer isn’t accepted. It’s typical for negotiations to take time and require several offers before reaching a fair settlement.
  • Stand Your Ground: Stay calm and professional throughout negotiations, insisting on a settlement that fully compensates you for all your damages. If the insurance company refuses to make a fair offer, be prepared to walk away and take legal action. 

Successful negotiation requires patience, persistence, and a willingness to stand firm. By expecting multiple rounds of offers and being prepared to walk away if necessary, you can ensure that you’re not pressured into accepting a settlement that doesn’t fully compensate you. 

Work with an Experienced Personal Injury Attorney

One of the most effective ways to ensure you don’t settle for less than you deserve is to have a New York personal injury attorney on your side. An experienced attorney can offer invaluable assistance in many ways:

  • Understanding the Law: A New York State personal injury attorney is familiar with New York’s insurance laws and can ensure that all of the documentation and evidence you need is secured in order for you to receive fair compensation..
  • Dealing with Insurers: Insurance companies are skilled negotiators who may try to minimize their payout. An attorney can help level the playing field by negotiating on your behalf.
  • Maximizing your settlement: Personal injury attorneys know how to quantify both economic and non-economic damages, ensuring that all aspects of your injury are covered in the settlement offer.
  • Representation in Court: If a fair settlement agreement cannot be made, your attorney can file a lawsuit on your behalf and represent you in court to pursue fair compensation. An attorney who has proven trial experience will be a valuable asset if your case goes to trial.

Contact Us Today

If you’ve received a low settlement offer in New York, don’t settle for less than you deserve. Call Cellino Law at 888-888-8888 for a free case consultation. We’ll evaluate your case, guide you through the negotiation process, and help ensure you receive the compensation you’re entitled to.

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Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.

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