Settlements From the Insurance Company

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1. Received a Settlement Offer from an Insurance Company: What You Should Do

REVIEWED BY

C. William Kenny

October 10, 2024

Board certified by National Board of Trial Advocacy

Received a Settlement Offer from an Insurance Company: What You Should Do

Receiving a settlement offer from an insurance company can be both exciting and overwhelming. It indicates that the insurer is ready to resolve your claim, but it is important to approach this offer with caution. Here is a step-by-step guide on what to do next.

1 – Stay Calm and Assess the Offer

It is natural to feel a rush of emotions upon receiving an offer, but it is important to evaluate the situation carefully. Read the settlement offer over and ensure you understand the terms. What is the amount being offered? What does it cover? Typically, it should compensate you for medical expenses, lost wages and pain and suffering.

2 – Review Your Medical Records and Expenses

Before responding to the offer, gather all relevant medical documentation and expenses related to your injury. This includes medical bills, receipts for treatments and records from healthcare providers. Assess whether the settlement amount adequately covers your current and future medical needs. If the offer seems low, make a note of the expenses that are not accounted for.

3 – Consider Future Implications

In many personal injury cases, the full impact of your injuries may not be immediately apparent. Consider future medical treatments, ongoing therapy and potential changes to your lifestyle or career. If the offer does not take into account for these future expenses, it may not be sufficient.  A personal injury attorney can help you evaluate the long-term implications of your injury.

4 – Consult with an Attorney

Consulting with a personal injury attorney is crucial before accepting any settlement offer. An experienced lawyer can provide valuable insights into the fair value of your claim and guide you through negotiations. 

5 – Negotiate if Necessary

If you and your attorney determine that the settlement offer is insufficient, be prepared to negotiate. This may involve drafting a counteroffer that outlines your reasons for requesting a higher amount. Your attorney can assist in presenting this counteroffer professionally and persuasively, increasing your chances of achieving a more favorable settlement.

6 – Understanding the Release of Liability

Accepting a settlement typically involves signing a release of liability. This document states that you will not pursue further legal action against the insurance company for the same incident once you accept the settlement. Ensure you fully understand the implications of this release. Once you sign, you may forfeit your right to seek additional compensation later, even if your injuries worsen.

7 – Take Your Time

Do not rush into accepting an offer. You have the right to take the time you need to evaluate the settlement and consult with your attorney. Insurance companies often push for quick settlements, hoping that the injured parties may be eager to resolve their claims. Remember, it is your case, and you should feel comfortable with your decision.

8 – Recovering compensation after an accident

Receiving a settlement offer from an insurance company is a significant milestone in your personal injury claim. However, it is important to proceed thoughtfully and strategically. By assessing the offer, consulting with an attorney and considering your future needs, you can ensure that you receive fair compensation for your injuries. 

If you have been involved in an accident and have questions, contact the personal injury attorneys of Berger and Green for a free consultation.