When it comes to any type of injury case, you have to do what is best for you. What is best for you is usually to get the most amount of money possible in the time frame that works for you. To explain, let me tell you the story of my past client, Tanya.
Tanya’s case involved a trucking accident. But what I’m about to teach you in this video applies to every type of injury case, including automobile accidents, slip and fall incidents, or any other type of personal injury case.
Just prior to Tanya’s accident, she was traveling in the far right lane on the highway when a truck driver attempted a lane change into her lane of travel. The truck driver did not see Tanya’s vehicle, struck her vehicle, and pinned it into the guardrail while still traveling at highway speed before coming to a stop after about 50 yards.
Tanya sustained injuries to her neck, back, and head, and suffered cuts on her legs and arms from her windows being busted out during the accident. She was transported by ambulance to the hospital where she complained of pain primarily in her neck and lower back. At the hospital, diagnostic testing was performed but confirmed Tanya did not break any bones in the accident. She was prescribed a muscle relaxer and pain reliever and was discharged. She next began physical therapy treatment.
MRIs on her neck and back were taken. The MRI on her lower back revealed she had a small disc bulge in her lower back. Tanya went to 18 physical therapy sessions to recover from her injuries. Once she finished her medical treatment, it was time to try to see if I could negotiate a settlement for her. I sent a demand package to the trucking company’s insurance company to kick off settlement negotiations.
The first offer from the insurance company came back. It was $50,000; I knew Tanya’s case had more value. I then exchanged numbers back and forth with the insurance company until the adjuster with the insurance company told me their top offer on her case was $70,000. I didn’t buy it though and thought the adjuster probably had more room to negotiate.
Unfortunately, I thought we could push the insurance company to offer a little bit more on the case and possibly a decent amount more if Tanya was willing to have me file a lawsuit and litigate the case. I discussed the offer with Tanya, but she was not wanting to go through the litigation process, which can take months to years to resolve.
While I explained to Tanya that if we filed a lawsuit and litigated the case, she would probably get more money, maybe not a significant amount more, but possibly $10,000 more or even more than that, she still did not want to drag out her case any further. She was happy to take the settlement if that was all they were willing to offer at that time because she did not want to put in the time and effort during the litigation process to maybe get $10,000 or $15,000 more on her case.
I told her that I understood that. But, I would try to negotiate further to see if I could possibly get the adjuster to offer a little bit more without filing a lawsuit. And guess what? I was able to get the adjuster to offer $5,000 more to settle for $75,000 despite the adjuster telling me $70,000 was their top offer.
Tanya was thrilled. She did not have to go through the litigation process and she got a significant sum of money. I think this was the right settlement for Tanya because the amount being offered to her was sufficient and she did not desire to put in any more time and effort on her end into trying to get a larger settlement.
Tip 1: Send a Written Demand
The first tip is to send a written demand demanding the other driver’s insurance company offer you the insurance policy limits. In Kentucky, the other driver’s insurance company does not have to disclose what the policy limits are to you prior to filing a lawsuit. So it’s usually a good idea to make a written demand simply asking that they offer the policy limits in my state. But this tip can be useful in any state.
Tip 2: Get a Doctor’s Report
The second tip is to get a doctor’s report linking your injuries to the car accident. You can either request one of your treating doctors to do this or hire an independent doctor to perform an independent medical examination. In Amber’s case, I got her doctor’s report; I then sent the doctor’s report to the insurance company and again demanded that the insurance adjuster pay out the insurance policy limits.
Tip 3: File a Lawsuit
The third tip is to file a lawsuit if you don’t get a fair and reasonable offer from the insurance company. Filing a lawsuit puts pressure on the insurance company. Lawsuits cost time and money; the insurance company will have to hire a defense lawyer to defend the claim. Filing a lawsuit can usually end up with a settlement. The insurance company may increase your negotiation leverage because once a lawsuit is initiated, the insurance company may be more motivated to negotiate a fair settlement to avoid the time and expenses associated with litigation, along with the uncertainty of a trial.
Tip 4: Stick to Your Evaluated Value
The fourth tip is to stick to the amount you have evaluated the value of your case and not go below that amount. Stick to your policy limits offer. If your case is evaluated at an amount over the policy limits, insurance companies will try to trick you into settling for a lower amount, saying your case doesn’t have the value you’re asking for. Do not fall for the insurance company’s tricks. Stay strong and stick with what you have the case valued at while looking at as much objective data as possible in the form of past jury verdicts for similar cases in your local area.
At the end of the day, you have to do what is best for you by negotiating a settlement that works for you. The thing is, you may be thinking that you would like to settle your injury case, but you’re not sure if you should accept the current offer. What if I told you that it’s not typically in someone’s best interest to settle their injury claim quickly? And in this video about to pop up here, I’ll tell you the only circumstances under which I would recommend someone to settle their injury claim quickly.
Lastly, if you’ve been injured in a car accident, slip or trip and fall incident, or dog attack in Kentucky, remember: don’t wait, call Tate.
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