One of the questions we frequently get at our Houston personal injury firm is our opinion on an offer made on an injury case. They want to know, “Should I accept a settlement offer from the insurance company?” There are many factors to consider when evaluating an injury claim.
“A personal injury lawyer must have sufficient facts to analyze the value of a case.”
personal injury lawyer Greg Baumgartner
After an auto accident, you may concentrate on healing from your injury. The insurance company may be trying to resolve your case at a low cost. The negligent driver’s insurance representative will contact you to make a statement and discuss the details of the accident.
Call Baumgartner Law Firm in Houston for a FREE Injury Case Consultation! (281) 587-1111
Speaking with a Houston personal injury attorney before speaking with the insurance company is helpful.
At some point, if the fault is clear, the insurance company, like State Farm, may contact you to offer you a settlement check. Then the question becomes, is the settlement offer fair? Here are a few things to consider.
Is This a Good Time to Settle Your Case?
You probably feel a financial pinch when recovering from a commercial vehicle crash. You are accumulating medical bills that may also be causing you stress. The insurance company knows you need funds; therefore, they are ready to make a fast and often lowball settlement offer if you don’t have a lawyer. Here are a few questions to consider:
Do You Know the Extent of Your Injuries?
Early settlements shift the risk to you. If you are hurt worse than you think, or if symptoms do not show up right away, if you have settled, those losses fall on you.
Are You Done Being Treated?
If you are still treating it, it is generally not the time to consider settling your case. One exception will be if you are close to the statute of limitations. Otherwise, wait until your medical bills are finalized and you have been released from care to consider settlement.
You do not need to accept a settlement offer from the insurance company simply because it has been made. It would be best if you did not accept any offer until you have consulted with an attorney.
The Adjuster Has Been Trained to Pay as Little as Possible
The insurance company aims to offer the lowest settlement possible to save money, which can result in an unfair settlement. Here is how to deal with a low settlement offer.
Be Wary of Pressure to Accept an Offer
The settlement may not even cover your expenses or your damages. The insurance company may send you a check. Do not cash the check because by doing so, you will likely eliminate your ability to seek further damages. Also, be cautious about accepting an offer verbally.
Inform the insurance company that you do not accept the offer. However, remember that the Texas Statute of Limitations limits the time to file a civil case. You must file a claim within two years of the injury.
Adjusters will try to delay a case, hoping you will soften your expectations. Many cases take longer than many think. Don’t fall for it; talk with an experienced attorney.
Be Patient
Some injury claims take longer than others. One mistake our injury lawyers frequently see is a victim demanding a quick settlement, which almost always results in a low number. People wonder how long a personal injury case takes to settle. Due to many factors, some cases can take longer to settle.
Is the Compensation for Pain and Suffering Adequate?
Some insurance companies evaluate the value of a personal injury claim based on the medical bills incurred. If the injury was severe, but medical treatment was limited due to the nature of the injury, this method is rarely fair to the victim.
If you are handling a case without an attorney, always ask this one question of the adjuster when negotiating a settlement.
“how much of the offer is for pain and suffering?”
https://baumgartnerlawyers.com/how-are-pain-and-suffering-damages-determined-in-texas/
The answer to that question will quickly tell you how fair the offer is to you. Some personal injury cases take longer than others, so patience is recommended when dealing with an adjuster.
Consult with a Personal Injury Lawyer in Houston for Help!
Have questions about an accident in Houston or Harris County, Texas?
Call the accident attorneys at Baumgartner Law Firm for a free consultation.
6711 Cypress Creek Pkwy, Houston, TX, 77069
Call (281) 587-1111!
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