Short Answer:
You respond to a low personal injury settlement by reviewing the offer with a lawyer. They will tell you what they think of your case during a free consultation and how they would pursue the legal aspects of your case. Negotiation tactics typically include preserving admissible evidence that speaks to the facts and relevant laws that argue for a higher number.
In This Article
An experienced personal injury lawyer serving Santa Fe, New Mexico describes the five steps for responding to a low injury settlement offer and where you can get legal help if you are not getting the money you need after an accident caused by another party’s negligence.
Five Steps for Responding to a Low Injury Settlement Offer
Every case follows a different process. However, there are some general steps that many negotiated claims follow, including getting legal advice, issuing a new settlement demand, and counter arguing. There are matters where the insurer refuses to face facts and will not pay a fair settlement, which means that you may have to take them to court.
Below, we have outlined five steps for responding to a low personal injury settlement offer:
Step 1. Book a Free Consultation with an Injury Lawyer
The most proactive and practical method for responding to a low injury settlement offer is to immediately book a free consultation, also called a case evaluation, with a personal injury lawyer. It is an opportunity to learn more about your legal rights and options in a no-cost, no-obligation setting.
This meeting is also a chance for your prospective counsel to share what they think of your case. If you have a negotiable claim and hire us, we can quickly get started by issuing a letter of representation so that the insurance company knows to negotiate with our office directly.
Step 2. Discuss and Understand the Settlement Offer
Once you receive the initial low settlement offer, discuss it with your lawyer. This helps us understand their justification for the response. We can also review the terms of your policy, accident reports, medical documentation, and other forms of evidence that help us determine what your case is worth.
A represented client also gains deeper knowledge and understanding of their settlement’s legal issues. You may learn about where they fell short on your offer and where you need to demand more. This information can also help you feel like you are more in control of your situation versus leaving it in the hands of the adjuster.
Step 3. Engage in Negotiations
Your attorney will reject the low settlement offer in writing while issuing a new settlement demand. The letter generally asserts the facts of your case, relevant laws the insurance company is violating by not paying you a fair sum, how much they owe you, and a date by which they need to respond.
This letter could include medical expenses, pain and suffering damages, loss of income, and any other financial damages you suffered due to someone else’s negligent actions. Your lawyer may have to write several of these counteroffers, and the process can take time. Once you accept a settlement, that is it; there is no asking for more money if you discover that your injuries are worse than previously thought.
Step 4. Hold Out for a Reasonable Offer
Mounting medical debt and lost wages put pressure on a personal injury victim. They often feel like they need to accept a lesser settlement to get on with their lives. While we acknowledge that some cases take more time to negotiate than others, there is generally a good reason why that happens.
In severe accident cases, it may take time to medically and legally reveal how long and how much money you will need to recover in the future. Future medical costs may be fair game, meaning that your lawyer will advise you to hold out for the number you want.
Step 5. Take Them to Court Upon Your Lawyer’s Advice
Remember that you have the right to accept or reject an offer until it meets your criteria for a fair settlement. The insurance company may make every effort to pay out the least amount possible. However, your case may be a good candidate for filing a civil complaint in court.
Not only are you able to collect upon damages related to your injury settlement, but you could also sue the insurance company for additional ones related to bad faith and unfair dealing. There are plenty of legal options to pursue so that you are compensated for every painstaking effort you take after your accident.
Your personal injury lawyer will take the time to review these opportunities so that you fight for the best possible outcome. We will also ensure that your case gets filed before the relevant statute of limitations that applies to your situation per NMSA § 37-1-8.
Related Article: How to Prove Pain and Suffering After an Accident in New Mexico
You Have the Right to Hold Out for a Fair Settlement
Settling too quickly could cost you tens of thousands of dollars in unanticipated losses. Federal and state laws would protect your legal right to a fair award if someone else’s negligence caused your injuries. Confidently rejecting subpar insurance settlements upon your personal injury lawyer’s legal advice can help you get the money you need to pay for future medical bills, lost earnings capacity, pain and suffering, and other financial losses.
Get a Free Case Evaluation with a New Mexico Personal Injury Attorney
Were you negligently injured by another party in New Mexico?
If so, a personal injury attorney at Grano Law Offices, P.C. may be able to help. Get a Free Case Evaluation now by calling (505) 426-8711 or message us via the form below. We do not get paid until we win your case if you choose to hire our firm.
