How To Respond to a Low Settlement Offer for Personal Injury Claims

Receiving a low settlement offer for your personal injury claim can feel like a punch in the gut.

After all, you’ve been through—dealing with pain, medical bills, and the stress of recovery—the last thing you need is to feel short-changed.

Insurance companies often start with a low offer to test the waters, hoping you’ll accept it without question. But you have more power than you might realize.

How you respond to a low settlement offer can influence your final compensation. Crafting a well-thought-out response to a low settlement offer is crucial in communicating the seriousness of your injuries and your expectation and need for fair compensation.

The process of countering a low offer can feel complex. Whether you’re facing ongoing medical treatments or adjusting to a new normal, the experienced Greenville personal injury lawyers at David R. Price, Jr., P.A. will stand by your side to ensure that your voice is heard and your needs are met.

Understanding the Initial Settlement Offer

When you first receive a settlement offer from the insurance company, it can be tempting to accept it right away. After all, you may have medical bills, lost income, and other expenses piling up.

However, it’s important to remember that the initial offer is often just a starting point, and you should almost never accept the first offer. Insurance companies typically start low, hoping you’ll settle quickly and for less than what your claim is worth.

The initial offer might not reflect the extent of your injuries or the impact they’ve had on your life.

It often doesn’t account for future medical expenses, ongoing treatment, or the pain and suffering you’ve endured. Accepting a low offer too quickly could mean missing out on the compensation you need to cover these costs, and you should never settle your case before you are released from treatment.

Evaluating the True Value of Your Personal Injury Claim

When you’ve been hurt in an accident, it’s natural to focus on the immediate costs. But it’s important to remember that the true value of your personal injury claim goes well beyond the initial expenses. You need to consider the long-term impact of your injuries, both physically and financially, such as the following:

• Ongoing medical treatments
• Future lost wages
• The emotional toll the injury has taken on your life

Think about how your daily routine has changed since the accident. Are there activities you used to enjoy but can no longer do? Have your relationships been affected because you’re not able to be as active or present as you once were? These factors should be considered when evaluating the full extent of your claim.

Common Tactics Used by Insurance Companies To Lower Settlement Offers

Insurance companies often use several tactics to lower settlement offers. Here are some common strategies they employ.

• Disputing Medical Treatments: They often question the necessity or extent of medical treatments, suggesting some treatments were unnecessary.
• Disputing the Reasonableness of Medical Bills: Often insurers also question the amount of medical bills, arguing that the amounts are not “reasonable and customary” and refusing to pay the full amount of the bill.

• Delaying Tactics: By delaying proceedings, they increase your financial pressure, hoping you’ll settle for less due to mounting bills and the need for closure.

• Misrepresenting Policy Terms: Sometimes, insurers may attempt to misinterpret or overly complicate insurance policy language to convince you that certain damages aren’t covered.

• Surveillance Tactics: Sometimes, insurers use private investigators to monitor your activities, hoping to find evidence that contradicts your injury claims.

• Requesting Unnecessary Documentation: To delay the process and wear you down, they might ask for excessive or irrelevant documents that are hard to obtain.

How To Respond to a Low Settlement Offer

Receiving a low settlement offer after a personal injury can be discouraging, but it’s a common part of the negotiation process. Here’s a simple guide to help you navigate this situation.

Assess the offer carefully

When faced with a low settlement offer, it’s crucial to keep your emotions in check and thoroughly analyze the proposal. Some parts of the offer may be reasonable, while others might not be. Communicating what you find fair or unfair about the offer can strengthen your position as you re-enter negotiations.

Respond in writing

Always reply to a low offer in writing, not verbally. Written responses are precise and prevent any accidental statements that could undermine your case. This format also allows you to attach supporting documents, such as medical bills or accident reports, strengthening your response.

Make a counteroffer

While you might not receive everything you desire in a settlement, proposing a counteroffer can move negotiations closer to a more acceptable figure. This helps clarify to the insurance company what you consider a reasonable amount.

Wait until you are fully recovered

Avoid settling until you have fully recovered or have a clear understanding of your future medical needs. Accepting a settlement too early can prevent you from negotiating further compensation, which is essential for covering all of your treatment costs.

Gathering and Presenting Evidence To Support a Higher Settlement

When it comes to negotiating a fair settlement for your personal injury claim, the evidence you present can make all the difference. Insurance companies often rely on the strength of your documentation to determine how much they’re willing to pay.

Start by gathering all relevant evidence related to the accident and your injuries. This includes police reports, photographs from the accident scene, and witness statements. Each piece of evidence should paint a clear picture of the incident and support your account of what happened.

Medical documentation is one of the most crucial elements in substantiating your personal injury claim. Detailed records from your healthcare providers—such as initial evaluations, treatment records, prescriptions, and prognostic statements—offer irrefutable evidence of the injuries you sustained and the treatments you require.

Ensure that your medical documents not only outline the treatments you have received but also highlight any future medical needs. This future-focused perspective is vital for justifying claims for ongoing medical expenses, which can significantly increase the settlement amount you might receive.

When presenting this evidence, it’s important to be organized and thorough. A well-prepared response to a low settlement offer can improve your chances of securing the compensation you deserve.

Contact our South Carolina Personal Injury Attorneys Today

Time is of the essence when responding to a low settlement offer. In South Carolina, the statute of limitations for personal injury claims against non-governmental entities or employees is three years from the date of the injury. If you don’t settle or file a lawsuit within this period, you may lose your right to compensation.

At David R. Price, Jr., P.A., we understand that every penny counts when you’re trying to heal and regain stability. Don’t settle for less than you need—let us help you articulate a powerful response to low settlement offers that align with the true value of your claim.

Contact our personal injury attorneys at [phone] for a free consultation.