how to win personal injury claim

Best Tips To Settle Your Personal Injury Claim

When people think of personal injury claims, most people think of lawsuits. Most injury claims settle out of court, probably more than 90%. It is quicker, cheaper, less risky, and easier for both parties. This section contains all of the legal and practical information we have published about the settlement negotiation process.

tips to win personal injury claim
How to win Personal injury claim

You’ll need a strategy once the personal injuries settlement negotiation heats up in your case. These six settlement tips are a great place to start.

Keep a specific settlement amount in your mind:

You have determined the value of your claim by preparing your personal injuries settlement demand letter. You should decide what minimum settlement amount you are willing to accept before you talk to an adjuster. This number is only for your information and not something that you would disclose to an adjuster. It is important to have your bottom line in place before you start making counter-offers and offers.

You don’t need to stick to the original figure that you set. You may need to reduce your minimum amount if the adjuster brings up facts that you didn’t consider but make your claim more difficult. If the adjuster begins with a low settlement amount, or close to it–or you find evidence that strengthens your claim–you might want to revise upward. Find out more about factors affecting personal injury settlement value.

Don’t jump at the first offer Amount:

Insurance adjusters will often start negotiations by offering a low amount. This tactic is used by the adjuster to determine if you are able to understand your claim and your patience.

Your response to a first offer should be based on whether it is reasonable, but too low, or if it’s just a tactic to find out if you really know what you are doing. If you feel the offer is reasonable, you may make a counteroffer.

Wasy to maximixe your personal injury claim
Easy ways to maximize personal injury Claims

It should be a little less than the amount in your demand letter. This shows that you are also being fair and willing to compromise, which will impress the adjuster. You can quickly reach a settlement that you both agree is fair by engaging in some more negotiation. Don’t waste time going over the details again during negotiations. Do not forget to emphasize your strongest points. For example, the fact that the insured was entirely at fault.

Ask the Adjuster for a High offer:

Do not accept an offer from the adjuster that is so low it’s obvious that it’s a negotiation tactic to find out what your claim really is worth. Instead, you should ask the adjuster for the reasons behind the low offer. Keep a record of the conversation. Write a short letter to respond to each factor the adjuster mentioned. You can reduce your demand depending on how strong the adjuster’s arguments are. However, wait to see if the adjuster will accept a lower price.

Next time you talk to an adjuster, ask for a reply to your reply letter. Now, the adjuster should make you a fair offer that could lead to a fair final settlement amount.

Find out more about Responding to a Low Settlement Offer.

In your Favor, Emphasize Emotional Points:

In negotiations, be open to discussing any emotions that support your claim. Refer to any photos you sent to the adjuster, such as a photo of a severely injured person or a car that has been smashed. Refer to the possibility that alcohol was consumed by the other driver if a beer bottle was found in their car. 

The adjuster should be reminded if similar accidents occurred at the same location. Mention that your injury affected your ability to care and support your child. These factors are not able to be quantified, but they can help you get an insurance company to pay your accident claim.

Please Wait for a response:

You should not lower your demand more than once before you receive a new offer. You should never reduce your demand more than once without receiving an additional offer from the adjuster. This is not good bargaining.

how to settle personal injury claim
Tips to settle personal injury claim

You can go through each reason if the adjuster gives you. After you have listened to all of the arguments from the adjuster, you’ll either receive a reasonable offer or you’ll discover that there is no reasonable offer. You will need to exert additional pressure on your insurance company.

How to Choose an Attorney

You might want to speak with a personal injuries lawyer if negotiations seem to be going poorly.

  1. You are requesting compensation for serious injuries, pain and suffering exceeding a few thousand dollars. An insurer is unlikely to take an unrepresented claimant seriously if the claimed damages amount to tens or thousands of dollars.
  2. You are seeking future damages. An attorney may be able to help you negotiate a settlement.
  3. It is a question about fault. An attorney may be needed to help you craft your argument.

Find out more about hiring an attorney or handling your claim.

Write Down the Settlement

Once you have reached an agreement on a number, send a letter to confirm it. You can make the letter short and simple. This sample settlement confirmation letter will give you an idea of how this document might look.

This article is a excerpt from How To Win Your Personal Injury Claims by

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