Yes. If you’ve received a settlement offer from an insurance company, you’re not required to accept it. After a car accident or other injury, it’s common to feel pressure to resolve things quickly, especially when medical bills and lost income are piling up. But accepting too little too soon can affect your ability to cover long-term medical treatment and other damages.
If you’re unsure whether an offer reflects the full value of your claim, speaking with an Orlando personal injury lawyer can help you understand your options.
How do I start a settlement negotiation with an insurance company?
As soon as you file your claim for a car accident, slip-and-fall injury, or other personal injury, the negotiation process begins. You probably have to provide the insurance adjuster with medical records, photos, or other evidence showing the injuries and property damage resulting from the accident. They will ask for any additional material they need to make a decision on your claim.
Once you receive the first settlement offer from an insurance provider, you have the right to make a counteroffer. You might do this for a number of reasons, including:
- You received a settlement offer that is too low for the costs you submitted.
- Your doctor recommends treatments that will add future medical expenses to your claim’s full value.
- Your recovery will take a long time, meaning you will require the company to pay for your lost income.
- The settlement offer doesn’t include compensation for your pain and suffering.
Insurance adjusters are trained to evaluate claims carefully and may start with an offer that is lower than what you expected. If you believe this is the case, you can reject a settlement offer and ask for more.
How can I maximize my personal injury settlement?
One way to maximize your settlement is to hire a personal injury attorney to handle the discussions for you. A personal injury attorney understands how local insurance companies evaluate claims and can help you decide whether an offer is reasonable.
You can also maximize what you receive by providing a large amount of high-quality evidence. This might include photographs, witness statements, medical records, police crash reports, and other documentation. You can also ask your doctor to provide a report on your possible long-term medical treatment needs so you can include those costs in your counteroffers.
When your personal injury lawyer can make it very clear that you have valid damages and who is at fault, you are more likely to see higher settlement amounts. Your attorney can also advise you when to accept an offer and when it might be time to consider filing a lawsuit.
How long should settlement negotiations last?
Although you don’t want to settle too quickly and take the first offer, you also shouldn’t let the insurer try to drag out the negotiations. While every case is different, these talks last between a few weeks and a few months; It’s unlikely that either side will give up more after that time.
You need to make sure you don’t lose your chance to file a lawsuit, if needed. In Florida, most personal injury lawsuits must be filed within two years of the date of the injury under Florida Statute 95.11. Missing that deadline can affect your ability to move forward in court.
Can I reject an insurance settlement and just go right to court?
It depends on the type of claim and the circumstances of your case. For example, in Florida car accident cases, you typically must first use your Personal Injury Protection (PIP) coverage, which pays a portion of medical bills and lost wages. Only in certain situations, such as when injuries meet Florida’s serious injury threshold, can you pursue compensation beyond PIP.
What if I’m not sure my settlement offer is fair?
Deciding whether to reject a settlement offer or file a lawsuit is a complex decision. If you’ve received a settlement offer and feel uncertain about whether it truly reflects your losses, DWK Law can help you talk through your options.
You can call (407) 244-3000 or contact us online to schedule a free consultation and discuss what makes sense for your situation.