How to Tell If Your Injury Is Worth More Than the Insurance Offer
When you’ve been injured in an accident, getting compensated fairly can be a battle. Insurance companies make lowball offers, hoping victims will be too overwhelmed or desperate to notice. That first offer is never close to the real value of your case. It’s just the cheapest number they think they can get away with offering.
If your gut instinct is telling you the offer is too low, you’re probably right. Insurance companies minimize payouts by default, and their only goal is to protect their profits. But the only way to know for sure is to contact a personal injury attorney to review your case.
An experienced attorney will know right away if you’re being offered a fair settlement. And if not, they’ll help you get what you’re entitled to receive.
Here’s what attorneys consider when assessing fair compensation to override what insurers conveniently ignore.
The red flags that signal a low offer
There are specific signs that a settlement offer is too low. A settlement that lands before you’ve even finished medical treatment is a big red flag. The insurer doesn’t know the extent of your condition, and they know you don’t either. They’re tossing out an offer fast to get you to take it before you realize you deserve more money.
Another red flag is being offered a lump sum without a breakdown of specific damages. If this happens, it means they don’t want you to see how they’re valuing your damages. And if an adjuster keeps saying, “this is the best we can do” after just one offer, they’re holding back to protect their profits. The only way to get through this barrier is to hire a lawyer to handle negotiations on your behalf.
Insurance companies intentionally avoid certain types of compensation
The following four types of damages are usually excluded from an insurance company’s settlement offer.
1. Non-economic damages
These damages (pain, suffering, emotional distress, anxiety, limitations, loss of enjoyment of life, etc.) can be a significant source of compensation when a case qualifies. Although they’re harder to win, the amounts can be substantial. Insurers won’t offer these damages because they can’t quantify them in their system the same way they can quantify medical bills.
2. Future medical costs
This includes follow-up appointments, home care, tests, physical therapy, surgery, medications, and specialist visits. Only a lawyer can help you predict what your future medical costs might be. If you accept a low settlement offer too soon, you can’t get reimbursed for future medical costs.
3. Lost earning potential
If your injury impacts your ability to work long-term, you could lose far more than a few paychecks. Insurance companies rarely calculate future earning capacity unless forced. If you don’t know to factor this into your negotiations, you’ll miss out.
4. Loss of quality of life
An injury can make it harder to engage in daily life, enjoy your hobbies, and maintain independence. These losses have monetary value in a claim even if insurers don’t acknowledge it.
Small expenses matter
The medical costs you can recover don’t just stop with medical bills and ongoing physical therapy. You can get compensated for prescriptions, mileage to your appointments, medical devices, missed work, childcare, and any other expense you incurred as a result of your injury. These small expenses can add up fast.
Chronic pain counts
If you’re still in pain or not fully functional, your expenses aren’t over yet. As part of future medical costs, chronic pain can add significant value to your claim.
Lost wages and future earnings count
If your injury affects your ability to work, even slightly, that can impact you long-term. Insurance companies rarely volunteer these damages. You have to ask for them directly.
Mistakes that can tank your claim’s value
Even if you have a strong case, you need to be careful not to sabotage your claim.
- Negotiate following the first offer. Never accept the first offer, no matter how exhausted you feel. The relief will only be temporary. Being underpaid will have serious consequences.
- Finish medical treatment. Any gaps in your treatment or stopping early will give the insurance adjuster reason to argue that you’re not really injured.
- Avoid posting on social media. Even an innocent photo of you smiling can be interpreted as proof that you’re perfectly fine.
- Never stop with medical bills. Tangible bills are only part of the equation. You could be entitled to more compensation.
The fewer mistakes you make, the more likely you are to get a fair and generous settlement.
Don’t sell yourself short – call an attorney right away
Insurance companies make millions of dollars by convincing people to accept peanuts. Don’t let that happen to you. Hire an attorney to evaluate your case, and they’ll fight to get you the compensation you deserve.
