If your lawyer is pressuring you to accept a settlement offer that seems low, it’s worth getting a second opinion to see if your settlement offer is fair. If your attorney says you don’t have a case - seek a second opinion.
Full Answer
Should I get a second opinion on my car accident lawsuit?
If you are not happy with the offer presented by your current attorney, make sure you get a second opinion. Remember, in the end it is your case and you were the only party injured. Therefore, you are entitled to the maximum recovery presented under the law.
What to do if a settlement offer doesn’t feel fair?
If a settlement offer doesn’t feel fair, make a counter-offer. Show evidence that backs up your counter-offer, including: estimates from medical, therapeutic and mental health providers of future care that will be needed. If the insurance company’s second, third or even sixth offer does not feel fair, you still don’t need to accept it.
How do I get a second opinion about surgery?
To get a second opinion about surgery, you should first tell your employer or their insurance company that you want a second opinion and which doctor you would like to use. They will approve of the appointment before you attend.
Should I get a second opinion for a Workers’ Comp case?
Here are some common reasons an injured worker should get another opinion for a worker’s comp case: You may also just be uncomfortable with the treating doctor or feel like you could be getting better medical treatment as an injured worker. A second opinion will help you address these issues.
Should I get a second legal opinion?
If you find yourself scrutinizing their qualifications and work quality, a second opinion can be instrumental in finding out whether your lawyer is competent to handle your matter.
Can you negotiate a settlement offer?
If the offer is reasonable, you can immediately make a counteroffer that is a little bit lower than your demand letter amount. This shows the adjuster that you, too, are being reasonable and are willing to compromise. A little more bargaining should quickly get you to a final settlement amount you both think is fair.
How do you respond to a low settlement offer?
If you're wondering how to respond to a low settlement offer, you and your injury attorney can follow these steps:Remain Calm and Polite. ... Table Your Questions. ... Give All the Facts. ... Develop a Counter Offer. ... Respond in Writing. ... Only Settle When Fully Healed.
What is a reasonable settlement agreement?
By Ben Power 8 April 2022. A settlement agreement is a contract between two parties, usually (but not always) an employer and an employee, which settles the employee's claims against their employer.
Is it good to pay settlement offers?
While settling an account won't damage your credit as much as not paying at all, a status of "settled" on your credit report is still considered negative. Settling a debt means you have negotiated with the lender and they have agreed to accept less than the full amount owed as final payment on the account.
How do you counter offer an insurance settlement?
From the standpoint of procedure, you will need to make a counter-offer in writing. Be sure you send your letter to the appropriate person, whether that be an insurance adjuster or an attorney. Make it clear that you are rejecting their initial offer and include your reasons for doing so.
Should I accept first offer of compensation?
Unless you have taken independent legal advice on the whole value of your claim, you should not accept a first offer from an insurance company.
What happens if you pay a settlement offer?
As long as your creditors accept your offer – i.e. agree to sum of money in the settlement offer – they will accept partial settlement of your debt in exchange for writing off the remaining amount you owe. If the settlement offer is big enough, the money will be shared equally among all of your creditors.
1. Have you completely recovered from your injuries?
One of the main factors before accepting a settlement is whether or not your mind and body have completely recovered from the accident. This means taking into account any future medical expenses that you may incur such as physical therapy, mental therapy, future doctor visits, rehabilitation treatments, etc.
2. Are past and future lost wages included?
Lost wages from the accident are the responsibility of the at fault party. If you were not able to work for months after your accident because of your injuries, those costs are recoverable. Many insurance companies will try to leave that part out because most people don’t know that they can be compensated for any lost wages past and future.
3. Are you being compensated for pain and suffering?
Non-economic damages are essentially costs accrued from things that don’t have an exact number on them to calculate. This means things such as pain and suffering, mental health issues, loss of loved ones, etc.
4. Is property damage fully covered in the settlement?
Property damages should also be fully covered in your settlement.
5. Will this settlement affect eligibility to claim punitive damages?
In some cases, the settlement may include a punitive damage exemption clause that keeps the negligent party from being liable for paying punitive damages. This is a sneaky clause that can end up leaving a lot of money on the table if it’s not caught before signing your agreement.
6. Did the offer come before you know all of the expenses involved?
If your settlement offer came very quickly after the accident, it’s highly likely that you don’t know ALL of the costs involved yet since personal injury lawsuit timelines differ on a case by case basis.
Areas We Serve
We serve clients injured anywhere throughout the state of Colorado, but we focus on residents of these areas: Colorado Springs, Manitou Springs, Fountain, Briargate, Monument, Black Forest, Pueblo, Canon City, Larkspur, Security-Widefield, Peyton, Falcon, Calhan, Castle Rock, Teller County, El Paso County, Elbert County, Park County, Douglas County and beyond..
What happens if a treating doctor wants a second opinion?
If your treating doctor wants a second opinion through an IME, then the workers’ compensation doctor will simply make those arrangements with the insurance company. The adjuster for your workers’ comp case will then let you know where to go to participate in the IME.
Why do injured people need a second opinion?
One of the most common reasons that injured workers get a second opinion is if their treating doctor is telling them that it is time to go back to work, but they do not feel ready. If that is happening to you, then getting a second opinion is probably a good way to help you avoid further injury or damage.
Why Should I Get a Second Opinion for My Workers’ Compensation Claim?
Here are some common reasons for getting a workers’ comp second opinion:
How often can you get a second opinion from an IME?
However, an insurance company can request a second opinion through an IME every six months under Pennsylvania law.
How long can you treat with a different doctor after a surgery?
However, you can treat with a different doctor after using the insurance company’s doctor for 90 days. To get a second opinion about surgery, you should first tell your employer or their insurance company that you want a second opinion and which doctor you would like to use.
Can a patient request a second opinion?
The Patient (Claimant) Requested a Second Opinion. You can also request a second opinion as well. If, for example, your treating doctor recommends surgery, you have the right to get a second opinion to be sure that the surgery is reasonable and necessary. Injured workers have a unique ability to choose their treating doctor in Pennsylvania.
Does a treating doctor think your injury is work related?
Your treating doctor does not think your injury is work-related. The treating doctor is underestimating your disability rating. Your treating doctor asked for a second opinion. You may also just be uncomfortable with the treating doctor or feel like you could be getting better medical treatment as an injured worker.
Does your settlement account for non-economic damages?
How do you value things like mental distress, loss of enjoyment of life, physical pain, emotional pain, disfigurement, or loss of consortium? These values vary widely depending on the nuances of each unique case, and initial offers may not fully account for them. This is one of the many reasons why you should consult with an experienced personal injury attorney who can help you figure out the right number.
Does your settlement include expenses other than medical treatment?
Many injured claimants don’t know that they may be entitled to compensation for costs other than just their medical bills. With the help of an attorney, you may be able to recover lost wages or be compensated for mileage travelled to get to appointments. An initial settlement offer might not account for these costs, which can have a significant effect on the amount you recover. Furthermore, a settlement often requires reimbursement to your own health insurance or auto insurance that paid medical bills under principles known as “subrogation”. So your personal health insurance paid for your emergency room visit after you were hit by a driver who ran a red light. Your health insurance generally has a right to be reimbursed for what they paid if you recovered that from the at fault party. However, this is an arena that requires a comprehensive understanding of the law in order to maximize the benefit to the injured party. Understanding subrogation can dramatically effect the bottom line net recovery for an injured person. Many people just assume that they have to pay back what is requested of them with no questions asked.
Have you looked into all sources of compensation?
Sometimes, there are multiple sources from which you can recover damages. Depending on the unique details of your case and insurance, you may have different possibilities for which insurance companies or coverages can pay for your treatment and expenses. There may be substantial problems that can arise if you settle with one party without properly analyzing each party’s liability. Maybe you were rear ended and injured in two separate incidents in a short period of time, maybe you were injured by someone who was intoxicated, or struck by a motor vehicle while crossing a poorly lit crosswalk, or maybe you slipped on a wet floor in a commercial building and sustained a fracture. It may not seem like it to someone without experience, but these are just some of the situations where there may be multiple “at fault” parties.
How to escape an insurance nightmare?
Your attorney understands all too well the insurance settlement calculator that insurance companies use to mislead victims into settling for far less than their case is worth. With a legal team working for you, the insurance company understands that you're going to accept the highest possible settlement and not their first low-ball offer .
Do insurance companies push victims into settlement?
Insurance companies generally push personal injury victims into signing a release for settlement. They may tell you that your options are limited and your legal recourse has reached its limit. Unfortunately this scare tactic works a great deal of the time, especially on victims who are already traumatized by their recent experiences and the extent of their injuries.
What happens if an insurance company knows the attorney will not go to trial?
If the insurance company knows the attorney will not go to trial or will settle a case to a high frequency, then they will only offer a low amount.
What is a low offer for a personal injury case?
A low offer is one which is below the value of your claim. For example if you have $7,000 in medical bills and the insurance company offers you $4,000 that is considered a low offer. Often times in such situations clients can find themselves having to pay for Dr. expenses out of pocket, which is something you really want to avoid. Low ball offers can happen because of a few factors. First, they will happen if the only course of treatment you have is a Chiropractic care. While this is not per se negative for your case, it can definitely hurt the value of your case. It is important that you have the proper medical management of your file. You should always make sure that a M.D. is seen for your treatment and that they set forth a proper course of treatment for your injuries. Second, low ball offers will occur when the attorney has a history or reputation of settling claims. Insurance companies often times profile personal injury attorneys. They have very detailed databases that they use to profile attorneys. Factors such as whether they attorney has a frequency of settling claims or whether they file is recorded. This information is shared by the insurance companies and used as a factor in providing you a settlement offer. If the insurance company knows the attorney will not go to trial or will settle a case to a high frequency, then they will only offer a low amount. Generally if you are receiving a low ball offer it is for one of the reasons listed above. However, another possible reason can be medical management. If you were using your attorneys medical network provider system, then it is important that you understand how this process works in relation to your case. Dr.’s in such networks work on medical liens, however most attorneys only use chiropractic care, which will ultimately hurt the value of the case. Insurance companies will generally not consider chiropractic care along as sufficient. Instead you need to have additional types of levels of care. This can include pain management, orthopedic evaluation and primary care treatment. In certain cases these Dr.’s may recommend surgery or potentially other types of medical treatment for your injuries.
What to do if a settlement offer doesn't feel fair?
If a settlement offer doesn’t feel fair, make a counter-offer. Show evidence that backs up your counter-offer, including:
What is the compensation you accept in a settlement agreement?
The compensation you accept in a settlement agreement is all that you will receive. Therefore, it is imperative that you know whether and how your injuries will affect your future employability, mobility, health and enjoyment of life.
Why is speedy settlement bad?
One of the biggest problems with speedy settlements is that some car accident injuries take time to show up or be properly diagnosed. Our bodies are complex systems and the full impact of injuries may not be apparent for weeks, months, or longer. For example, traumatic injuries like a shoulder dislocation or a broken bone can lead to post-traumatic arthritis. Head and spine injuries are also likely to have long-lasting negative effects and take time to develop.
What is a good settlement for a car accident?
A good car accident settlement will compensate you for all your current and future expenses and damages, including: Replacement services for household tasks you perform (like cooking, cleaning, yard work, shopping, child care) Insurance companies want to close your case as quickly and cheaply as possible.
What happens if an insurance company offers a second offer?
If the insurance company’s second, third or even sixth offer does not feel fair, you still don’t need to accept it. It is an offer, not a demand. If you are not presented with a just offer, you can take the case to trial.
What do claims adjusters offer?
Claims adjusters will likely offer a settlement for the minimum amount they think you will accept. They will say the offer is what your case is worth. What your case is worth to them and what your case is worth to you, are likely to be vastly different. Think about what has happened since your car accident.