A lot of questions are going to swirl through your mind during the personal injury claim process. The majority of the personal injury cases are settled through negotiations. This is purely because trials can be unpredictable, and either party could lose out on a lot. Hence, negotiating a settlement helps both sides have some control over the outcomes.
There is an art involved in negotiations, and personal injury attorneys are experts at it. Having said that, for non-experts’ negotiating a settlement can be really daunting. A few wrong moves can backfire and harm your chances of receiving fair compensation. Let’s look at some of the common mistakes to avoid while negotiating a personal injury settlement.
Mistake Number 1: Saying “Sorry”
Even though, after an accident, it is considered “humane” to get out of the car and apologize, it can actually endanger your claim. Insurance firms are not always your friends, and they always look for opportunities to pay as little as possible. Even though you had no intention to admit the fault, your words or actions can be used against you in order to deny the claim.
On the other hand, even if you are convinced that you are the sole reason behind the accident, you can still miss out on certain details, like the other party being distracted at the time of the accident or their auto part being faulty. So, it’s always good to express caution and stick to the facts as much as possible.
Mistake Number 2: You Are Not Sure of the Value of the Claim
From an accident victim’s point of view, the end goal of negotiation is to reach a fair agreement on a financial settlement for the injuries inflicted. This entails seeking financial compensation for economic losses such as lost wages, continuous medical care, property or auto damage, and medical expenditures.
Economic losses can be easy to list. All you need are proper bills pertaining to your medical treatment, pay checks for proof of your income, and in case your car needs repair, you might need a thorough estimate from an expert.
There are some who just walk into a negotiation without having any idea as to the exact particulars of the money they spent in the aftermath of the accident. There is no way that you can get fair compensation if you don’t know what you want. Flying blind can result in victims settling for less compensation than they actually deserve.
Mistake Number 3: Taking Up the Initial Offer
One further frequent error that people make in settlement talks is to take the initial offer from the insurance company. Although accepting this can be alluring, particularly if you’re short on cash and need to cover some expenses, the sum might not be sufficient to compensate for all of your losses.
Mistake Number 4: Being Disorganized
If you are spontaneous and not organized in a personal injury settlement, you may miss important parts of a conversation you may have had with the adjuster. Proper and organized documentation (could be a confirmation email or a letter) of every conversation and event that happens between you and the insurance adjuster, and always remember to keep a copy for future reference.
Mistake Number 5: Trying to Deal with Your Claim Alone
First and foremost, there is a deadline that you may not be aware of for filing a personal injury claim. This is known as the statute of limitations, and it varies from state to state.
Additionally, the defense team and insurance provider for the defendant can attempt to lowball you with a settlement or persuade you not to pursue a claim. Regretfully, if you’ve never been in an automobile accident before, you might not be familiar with the ploys and maneuvers insurance companies employ to avoid having to reimburse customers for damages they incur.
Hiring a personal injury lawyer can be fruitful in resolving these issues and also in ensuring you are fairly represented and compensated.
