RECENT POSTS
Categories
How to Counter an Insurance Settlement Offer [Pro Tips]
When you're injured in an accident, the last thing you want to do is battle with an insurance company over what you’re owed. Unfortunately, that’s exactly what many people find themselves doing. After filing a claim, you might get a settlement offer that looks tempting, especially if you’re dealing with medical bills and time off work. But the reality is personal injury victims should almost never accept the first settlement offer.
Insurance companies are businesses. Their goal is to protect their bottom line, not yours. They count on the fact that you’re overwhelmed, stressed, and unsure of what your claim is actually worth. That’s why it’s so important to understand the value of your case, document everything thoroughly, and most importantly, speak with a personal injury attorney before taking action.
Let’s walk through what you should know and what you should do if you receive a lowball settlement offer, and why involving an experienced legal team is the smartest move you can make.
Understand How Much Your Settlement Should Be
Every personal injury case is different, and so is the value of each claim. A settlement should reflect the real losses you’ve suffered due to someone else’s negligence (typically broken down into non economic and economic damages). It’s not a payday, but a way to recover the costs and burdens the accident has placed on your life.
To get a general idea of what your case might be worth, consider the following:
Medical Costs
Medical costs are often the largest factor that determines the total settlement amount. Medical costs include:
- ER visits
- Hospital stays
- Surgeries
- Medications
- Rehabilitation
- Ongoing treatment
Be sure to include not only current expenses but also future costs related to the injury.
Lost Wages
If your injury forced you to take time off work, you’re entitled to recover that lost income. If your ability to work is permanently affected, that should also be factored into your compensation.
Property Damage
If the accident involved a car, motorcycle, or other personal property, the cost to repair or replace those items should be included.
Pain and Suffering
These non-economic damages can be harder to calculate, but they’re just as important. Pain, emotional distress, anxiety, and loss of enjoyment in life can and should be compensated.
Punitive Damages
In rare cases where the at-fault party’s behavior was especially reckless or malicious, you may also be eligible for punitive damages. These are meant to punish the wrongdoer and deter similar conduct in the future.
Keep in mind that putting an accurate value on a personal injury case is not something most people can do on their own. An experienced personal injury attorney can help you identify all the damages you’re entitled to, gather the evidence to prove them, and present a strong case that insurance companies can’t easily ignore.
What to Do If You Receive a Low Settlement Offer: 5 Tips
So you got a settlement offer and it’s far less than what you expected. This is very common. Insurance companies often start with a lowball offer in hopes that you’ll accept it without pushing back. Here’s what to do next:
1) Ask for Justification
You have the right to ask the insurance adjuster how they arrived at the number they’re offering. This can give you insight into what they’re valuing and what they’re ignoring.
2) Don’t Send a Demand Letter Right Away
It might be tempting to fire off a counteroffer or demand letter, but doing so without legal guidance can hurt your case. Your response needs to be strategic, and the wording matters more than you think.
3) Be Patient
Settling too soon can cost you. Sometimes the full extent of your injuries or damages doesn’t become clear until weeks or months later. Waiting ensures that all your costs are accounted for.
4) Let Your Attorney Handle Communications
If a demand letter or counteroffer is necessary, your attorney will draft and send it on your behalf. This letter should include a detailed explanation of your injuries, documentation of your damages, and a clear, reasonable settlement amount. Insurance companies take these letters much more seriously when they come from legal counsel.
5) Avoid Phone Conversations With the Insurance Company
Always get everything in writing. Insurance adjusters may try to get you to say something on the phone that can later be used against you. Written communication ensures there’s a clear record of what was said and agreed upon.
All of this highlights why it’s so important to have an attorney involved as early as possible. You don’t need to try to navigate these conversations on your own, and you increase your chances of success when you work with a professional.
When to Contact a Personal Injury Lawyer
The best time to contact a personal injury lawyer is immediately after your accident and before you speak to the insurance company or accept any offers. Early legal guidance can make a significant difference in how your claim is handled and how much compensation you ultimately receive.
An experienced personal injury attorney can begin gathering crucial evidence right away, guide you through medical treatment and documentation, and handle all communication with the insurance company on your behalf. This helps protect you from saying something that could hurt your claim and ensures that no details are overlooked.
Many people hesitate to reach out because they worry about legal fees, but most personal injury attorneys, including Wettermark Keith, work on a contingency fee basis. That means you pay nothing unless your attorney wins your case. Getting a lawyer involved early not only relieves the burden of dealing with paperwork, deadlines, and negotiations, but it also sets your case up for the strongest possible outcome.
What to Expect After You Counter the Offer
Once your attorney has submitted a counteroffer or demand letter, the insurance company will typically respond with another offer or request additional documentation. This back-and-forth can take time, and it’s important to stay patient.
Some cases settle after one or two rounds of negotiation. Others may require mediation, or even litigation, if a fair agreement can’t be reached. Your attorney will walk you through each step and advise you on when to accept an offer or push forward.
At Wettermark Keith, we handle every stage of the personal injury claims process, from the initial investigation and negotiations to court proceedings, if necessary. Our goal is always to get our clients the compensation they truly deserve, not the lowball amount the insurance company wants to pay.
Don’t Fight Your Insurance Settlement Alone
Getting injured in an accident is hard enough. Fighting with an insurance company to get a fair settlement shouldn’t be something you do alone. While you can technically respond to a low offer without a lawyer, doing so puts you at a serious disadvantage.
At Wettermark Keith, we believe that every injury victim deserves justice, and we have the experience, resources, and commitment to help you get it. If you’ve received a settlement offer, or even if you’re just starting the process, we’re here to guide you every step of the way.
Call Wettermark Keith today for a free consultation. Let us fight for the compensation you’re owed so that you can focus on healing.
Ready to work together? Contact us today for a free consultation.
HERE'S WHAT TO DO NEXT
If you or a loved one have been injured and think you might have a case, call us now for a free consultation.
FREE CONSULTATION
you won’t pay us anything until we’ve won your case
