Receiving a settlement offer can be a welcome relief. However, relief can quickly turn to disappointment if the settlement offer is too low.
If your settlement offer is too low, there are things that you can do to respond. How you respond impacts what will happen next and whether you ultimately receive what you deserve in compensation for your injuries. Our lawyers explain how to respond to a low settlement offer for a personal injury claim.
How do you respond to a low settlement offer?
To respond to a low settlement offer, evaluate the reasons for the offer. Determine the accurate value of the claim and the amount you are willing to accept to resolve it. Create a demand letter, provide more information or continue to pursue your legal claim as appropriate based on the circumstances.
You do not have to accept a settlement. You may file a lawsuit and have a trial if necessary to get fair compensation for your claim. A personal injury attorney can assist you.
- Remember that low settlement offers are common
It can be easy to get upset when you receive a low settlement offer. Remember, it’s common for the insurance company or the defense to make a low settlement offer. They’re hoping that you’ll be in a hurry to resolve the case, so you will accept less than you deserve.
- Know you don’t have to accept the settlement
You don’t have to accept a settlement that is too low. In fact, you don’t have to accept a settlement at all. You have the right to take your case to trial for a neutral decision. The defense isn’t the final say on the amount that you receive.
- Pay attention to time deadlines
Even if the other side has made a settlement offer, time deadlines continue to apply to your case. These deadlines are important, and unforgiving. Don’t lose sight of these time deadlines, even as you work to respond to the low settlement offer. A personal injury lawyer can help you work quickly to file legal documents before any deadlines pass.
- Determine what your case is worth
To know how to respond to a low settlement offer, it’s important to know the range of what the case is worth. Understand how far off the settlement is and how far apart you are from having an agreement.
- Evaluate the offer before you respond
Before you respond to a low settlement offer, take the time to review it. See if there is any information or hints about the reasoning behind the offer. Knowing the reasons for the offer can help you respond in a way that’s more likely to result in a higher offer.
- Provide more information
Determine if it’s appropriate to provide more information. Additional records or information may help you renegotiate. You may be able to answer questions or respond to questions that are standing in the way of a fair settlement.
- Understand the insurance policy limits
If a claim is too low because of insurance policy limits, review the limits. Understand if an insurance policy limit is affecting the amount of the settlement offer.
- Make a counteroffer
It may be appropriate to extend a counteroffer. Our personal injury lawyers can help you understand if it’s appropriate to extend a counteroffer and what amount you should offer where you are willing to settle the case.
- Continue to pursue the case
Until you agree and sign a settlement offer, your case is ongoing. Continue to save evidence and keep records. If you haven’t already, it may be time to file a formal legal claim. If the formal legal claim is already underway, continue to gather evidence, make necessary court motions, and pursue other legal procedures aggressively until you have a resolution. A personal injury attorney may continue to pursue your claim on your behalf.
- Work with a personal injury attorney
You only get one chance to get a fair settlement for a personal injury. When you work with a personal injury lawyer, they can put their years of experience to work for you. They negotiate on your behalf, pursue evidence and use their knowledge to create the right strategy and engage in settlement negotiations.
Lawyers to respond to a low settlement offer
If you have received a low settlement offer, we can help. Contact our personal injury attorneys today for a free consultation about your case.
David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.