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April 20, 2018 by Greg Baumgartner
Opening the claim with the insurance company soon after the accident is usually a good idea. By opening a claim early, you inform the insurance company that a claim will be made against their insurance policy. Many insurance carriers will push to attempt to settle a personal injury claim in specific cases very early to keep their exposure to a minimum. Negotiation for Houston personal injury victims can be tricky, so being well-prepared is important.
Suppose you attempt to negotiate a settlement while still being treated medically. In that case, you are, in effect, shifting the risk of the magnitude of the injury off the insurance company and onto your back.
Insurance companies are not in the business of paying fair value on personal injury claims and always try to minimize the amount they pay.
If the insurance company is trying to settle your claim while you are still getting medical attention, you can bet they want to save money. In short, Texas’s best personal injury attorneys suggest you do not consider settling your case until you know your medical future.
You must gather the vital information necessary for the insurance company to evaluate your claim. This would include photographs of the vehicle damage, accident scene, or evidence of your injuries.
Obtaining the crash report and independent witness information from an automobile accident is always advisable. Strategic information regarding the potential defendant and their companies can also be compelling in more significant claims.
You should know that the insurance company will have gathered information to use against you, such as your claim history (prior accidents), your previous medical treatment, and anything else that may be used to make you look bad. Most personal injury victims do not realize the extent to which insurance companies can access information about them in this digital world.
It is now common practice for adjusters to investigate the claimant, and part of that trend is to check Facebook posts. Even the most innocent post can be turned against you in a personal injury lawsuit by a skilled defense attorney. And rest assured, if the case is large enough, the defense will look for every opportunity to make you look bad or less than candid.
One technique that is utilized every day by insurance companies is that, after a claim is opened, they will communicate to the victim that they are “accepting liability.” This leads the injured person to believe the insurance company will make a reasonable settlement offer for their claim. Assuming “accepting liability” means a fair offer is forthcoming is a big mistake.
Insurance adjusters know that telling the claimant they are accepting liability increases the chance that the injured will not take the steps necessary to protect their claim, such as retaining a qualified personal injury attorney or conducting the investigation usually needed.
It is usually right after the subject of money comes up from a claim where the insurance carrier “accepted liability” or “accepted responsibility” that the victim understands they need an attorney. Because they get a lowball offer. Unfortunately, in many cases, the injured have taken steps that hurt their case before they realize they need a lawyer. Read about the top 10 tricks for car accident victims.
Insurance companies are in the business of handling claims, and that necessarily involves litigation. While an insurance company would prefer to settle a clear liability claim early, it will do so only if it is in its best interest. In other words, they will pay less today than they may have to pay later.
The situation has been exacerbated in Texas, which allows insurance companies to defend claims against their insured with employee lawyers. While the conflict of interest is clear, the ability to use an in-house employee attorney reduces the costs to the insurance company of defending a lawsuit.
Do not threaten a lawsuit unless you are prepared to follow through; nothing will worry the insurer. If you have been injured in a car accident, at a minimum, speak with a car accident attorney near Houston before you speak with the adjuster. Most of the better attorneys offer free consultations to injured accident victims. Houston car accident lawyers will handle your case on a contingency fee basis.
Much has changed over the last few decades in the personal injury arena. Probably the most significant change has come from the computerized valuation models utilized by many insurance companies in settling claims.
Insurance companies understand the litigation costs and that smaller cases are hard to prosecute economically through trial. They will use this knowledge to lowball many claims, intent on forcing a lawsuit to offer anything reasonable.
Attorneys must evaluate each case based on a business model that considers the value of the attorney’s time, the estimated expenses, and the likely outcomes. The economics of trial make it difficult for some personal injury victims to obtain quality representation in smaller cases.
Frequently, when a lawsuit is filed, the evaluation process changes from the pre-litigation strategy to the in-litigation group, which may result in a closer look at the real value of the claim.
Insurance companies are much more likely to weigh the total medical bills and the treating physician’s diagnosis than what the victim may claim to the insurance company in pain and suffering. The most crucial evidence on damages will probably be what the treating physicians say and objective test findings.
Insurance companies give more weight to medical doctors than to chiropractors.
On filing a lawsuit, the defense may be entitled to a defendant’s medical examination by a doctor of their choosing. These defense doctors make big bucks by always claiming that the injured is exaggerating, that the treatment was unnecessary, or that the medical treatment was excessive. Do not assume that the treating physician’s opinions will be unrebutted or that the defense doctor will be objective; they are not.
Properly documenting the necessity of future medical bills is critical in negotiating a fair personal injury settlement.
The insurance company will always find issues with the plaintiff’s claim when negotiating a personal injury settlement. For example, if someone needs a lot of treatment after the accident, the insurance company may come back and say the medical care was excessive in amount or cost.
Conversely, if someone puts off going to the doctor because they are trying to tough it out, the insurance company may return and say they waited too long. And, of course, the adjuster attempts to “disallow” part of the medical treatment.
Preexisting injury can be a big issue in many injury cases. In Texas, one can still obtain compensation if the accident aggravated an existing injury.
On liability, you can be expected to hear arguments that attempt to make the accident partly your fault, such as going too fast, not applying your brakes soon enough, not wearing a seatbelt, not keeping a proper lookout, or other issues.
Recognize these techniques for what they are and be prepared to address them in your negotiation process.
As stated above, insurance companies have been trending toward using computerized models to evaluate personal injury claims. While this approach has served the industry well in reducing the amount they pay for injuries, some cases are more valuable than others.
Cases where the value is enhanced can include those where the liability factors are particularly bad for the defendant. Examples would be a drunk driving accident, an 18-wheeler accident involving a violation of federal standards, or other bad conduct on the defendant’s part. If punitive damages might be awarded, that can impact the settlement value of your case.
On the other hand, some cases are subject to insurance company reductions in value. Examples would be minor damage to vehicles in a car wreck or slip-and-fall cases without proof of advanced knowledge by the property owner or user.
If you have questions about the fairness of an offer, speak to a good injury attorney.
The general rule is that the worse the injury, the more likely you will need a reputable personal injury lawyer to get the most money. The earlier you retain a personal injury lawyer, the better.
Insurance companies rate attorneys, and who you hire matters. Do your homework about the attorney before you sign up with them. Get the best attorney who specializes in the type of accident you were hurt in. Look for the best Houston truck accident lawyer if you were hurt in a truck accident.
Contact our top-rated Houston injury attorneys at Baumgartner Law Firm for a no-obligation consultation on an injury claim.
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Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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