This is Kentucky Injury Attorney Tate Meagher with the Meagher Injury Lawyers. In this post, I will go over the best ways to respond to a low settlement offer in a personal injury case.

1. Ask for Their Reasoning

The first thing I suggest is asking the insurance adjuster for their reasoning as to why they have valued the case so low. Get on the phone with them, ask this question, and document their reasoning. Put it in writing. Be clear about what they are missing in your case, and provide them with evidence to counter their arguments. Always ask for their reasoning.

2. Request Written Reasoning

Request that the insurance company provide their reasoning in writing as to why they are valuing your case so low. Many times they might not do this, but if they do, it’s good to have. They sometimes will put at least a short version of their reasoning in writing. This is important because all insurers have a duty to act in good faith. If it becomes necessary to file a bad faith claim down the road, it would be beneficial to have their reasoning in writing.

3. Provide All Favorable Evidence

Ensure you have sent all favorable evidence to the insurance adjuster. Get on the phone with them and make sure they have all your medical records, medical bills, and any photographs that might depict your injuries or the scene of the incident. If it’s a car accident case and the vehicle sustained severe damage, send those pictures depicting the property damage. If you have bruising, cuts, or wounds, take photographs. This evidence can support your pain and suffering claims and might increase your offer.

4. Send Past Jury Verdicts

Send past jury verdict results in similar cases to yours, where the plaintiff sustained similar injuries and received a much larger verdict than what is currently being offered in your case. If you can find the average pain and suffering verdict in your local jurisdiction for similar injuries, send that information to the adjuster as well. This can be helpful and might lead to a higher offer.

5. File a Lawsuit

My last tip for responding to a low offer is simple: file a lawsuit. Show the insurer that you are serious. Filing a lawsuit means the insurer will have to hire a defense attorney. While I can never guarantee any results, it has been my experience that close to 100% of the time, at some point during litigation, they will make a higher offer on your case.

Conclusion

That’s all I have for you today. Remember, if you have been injured in a car accident, slip and fall accident, or a dog bite incident, don’t wait. Call Tate. Also, be sure to subscribe to my YouTube channel and watch more of my videos. Thanks for reading!