Most injury cases are going to take quite a bit of time to get a fair settlement. However, I will share a tip with you on how, in some cases, you may be able to get the maximum amount you could possibly get in your case shortly after your accident and as quickly as possible.
To explain how this tip can work, let me tell you the story of my past client, Antonio. Antonio’s case involved a car accident, but what I’m about to teach you applies to all types of personal injury cases, including slip or trip and fall cases, dog attack cases, and any other type of personal injury case.
Antonio’s Story
Antonio did not call my office until over two months after his car accident. He was having trouble with the insurance company and did not know what to do next, so he called my office. He explained that he was stopped at a stop sign when another driver struck his vehicle in the rear. The accident was clearly the other driver’s fault.
Antonio was transported by ambulance to the hospital, where he sustained injuries to his shoulders, neck, back, and head. He had lost consciousness due to the accident. We immediately began collecting Antonio’s medical records and bills.
The Fast-Track Tip
Less than 30 days after Antonio became a client, I sent a written demand via email to the insurance adjuster handling the claim. I demanded the insurance company pay its policy limits on behalf of its at-fault insured driver. With the demand, I sent over all the medical records and bills that we had collected for Antonio, even though I was confident we did not yet have all of Antonio’s records and bills. Plus, Antonio advised he was probably needing more medical treatment as his injuries persisted.
After the insurance company completed its review, the adjuster advised they would offer the policy limits. We were able to settle Antonio’s case for the policy limits in just 61 days after he became a client at my office. We accomplished this by sending a written demand as soon as we possibly could in his case.
The Importance of Sending a Demand Package Early
The only way I know to possibly speed up your case and still get the most money possible is by sending a demand package as soon as possible after your accident. A demand package includes:
- A written letter or email to the insurance adjuster handling your claim, demanding a specific sum of money or the policy limits.
- All the evidence you have gathered in your case.
You don’t have to gather every single record or bill before sending the demand, especially if you’re not sure if you’re going to get the policy limits. You can always supplement your demand at a later date upon receipt of new evidence, such as additional medical records or bills. If you sustain severe injuries, consider sending a demand right after your accident with photographs depicting your injuries, even if you don’t yet have all your medical records. Also, consider setting a deadline for the insurance company to respond to your written demand. This can put pressure on the insurance company.
When This Tip May Not Work
Unless the insurance company is offering the policy limits, you do not want to settle your claim quickly if you are still getting or still need more medical treatment. It is not always wise to settle your injury claim shortly after your accident because you may not know the approximate value of your injury claim until you’re done treating or have reached maximum medical improvement.
In many injury cases, it does not make sense to try to settle quickly, as you might sell your claim short for an amount less than its actual value. This tip is typically only going to work if you have a policy limits case and the liability is clear.
When You Must File a Lawsuit
If the insurance company offers a lowball settlement, you must file a lawsuit to get a fair settlement. Many times, insurance companies will not make a fair offer until a lawsuit is filed and the litigation process begins.
Lastly, if you’ve been injured in Kentucky, remember: don’t wait; call Tate.
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