Receiving an insurance settlement offer after a collision may sound like good news. However, determining whether an offer fairly addresses the consequences of an accident can be difficult, particularly when injuries, treatment, missed work, and future expenses are still developing.
A car wreck lawyer can review the circumstances surrounding an offer before an injured person agrees to resolve the claim.
Why Insurance Companies Make Settlement Offers
Insurance companies regularly investigate claims and determine what they believe should be paid under the applicable policy and circumstances.
Sometimes an offer arrives relatively soon after a wreck.
A quick resolution may be attractive when medical bills and other expenses are accumulating, but timing matters.
The complete impact of an injury may not always be apparent immediately after the accident.
Additional treatment, rehabilitation, time away from work, or other losses may arise later.
A Car Wreck Lawyer Reviews Your Losses
Before evaluating a settlement, an attorney may review the damages associated with the accident.
These may include documented losses such as:
- Medical expenses
- Lost wages
- Vehicle-related losses
- Rehabilitation expenses
- Future treatment needs
- Reduced earning capacity
Depending on the circumstances and applicable law, other damages may also become relevant.
Every case is different, which means an appropriate settlement cannot be determined simply by looking at what another accident victim received.
Law Kevin similarly notes that accident case values can vary based on factors such as injuries, medical expenses, property damage, the number of injured people, and percentage of fault.
Medical Treatment Can Affect Evaluation
Medical documentation is often an important component of an injury claim.
If a person accepts an offer before the extent of treatment is understood, later expenses could become harder to account for after the claim has been resolved.
That is one reason a car wreck lawyer may examine medical records, bills, treatment recommendations, and information about expected future care before evaluating an offer.
Florida drivers should also know that the state’s PIP law generally requires initial medical treatment within 14 days after a motor vehicle accident for covered medical benefits.
Fault Can Affect a Settlement
Disputes about responsibility can significantly affect negotiations.
Florida uses a modified comparative-fault system for applicable negligence cases. A claimant’s damages can be reduced according to their share of fault, and a party found more than 50% responsible for their own harm generally cannot recover damages under the comparative-fault statute.
For example, an insurance company might argue that another driver contributed to the accident by speeding, changing lanes, or failing to react appropriately.
A lawyer can review the available evidence before responding to arguments about shared responsibility.
Be Careful With Releases
Settlements commonly involve signing documents that resolve claims against one or more parties.
These agreements can have significant legal consequences.
Before signing a release, an injured person should understand which claims are being resolved and whether the agreement affects the ability to seek additional compensation later.
A lawyer can review the language and explain how the proposed settlement applies to the particular claim.
Negotiating With the Insurance Company
A lawyer can communicate with insurers, organize supporting documentation, present a demand, respond to questions about liability or damages, and negotiate regarding a proposed resolution.
Negotiation does not guarantee that an insurer will increase its offer.
If the parties cannot reach an acceptable agreement, the lawyer can discuss whether litigation is an appropriate next step based on the facts and applicable deadlines.
Talk to a Car Wreck Lawyer Before Settling
You do not necessarily need to reject an insurance offer simply because it arrived quickly.
You should, however, understand what you are agreeing to before accepting it.
Attorney Kevin L. Sullivan II represents injured people throughout Florida and offers free, no-obligation consultations. His firm states that there are no upfront attorney’s fees and attorney’s fees are charged only if the firm obtains a recovery.
Speaking with a car wreck lawyer before signing a settlement can help you evaluate the offer using the facts of your individual case.
This post was written by a professional at LeavenLaw. Attorney Kevin L. Sullivan II is your zephyrhills truck accident lawyer and an experienced personal attorney near you for LeavenLaw. Kevin is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.
