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Responding to Low Personal Injury Settlements

Responding to Low Personal Injury Settlements
Calendar icon November 20, 2024 | Reading Time: 7 min
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As a personal injury attorney at Cellino Law, I know how overwhelming it can be to suffer an injury due to someone else’s negligence. Whether from a car accident, slip and fall, workplace injury, or another incident, the physical, emotional, and financial toll can be immense. Navigating a personal injury claim is complex, and insurance companies often respond with low-ball settlement offers that undervalue your losses. At Cellino Law, we’re here to help you respond strategically to these offers and fight for the compensation you deserve for medical bills, lost wages, and other damages.

Take Time to Analyze the Offer

When the first settlement offer arrives, especially if it’s low, you may feel frustrated or anxious. But, accepting the initial offer from the insurance company without a clear assessment is a mistake. Instead, here’s what you should do:

  • Examine the Scope of Your Injuries: The offer should include all current medical expenses, including emergency care, hospital stays, surgeries, and ongoing treatments like physical therapy that are not covered by your own no-fault coverage. It should also consider future medical needs, including medications and long-term rehabilitation, as well as lost wages from missed work and any future income loss due to your injury.
  • Consider Non-Economic Damages: The offer should provide fair compensation for the emotional distress, trauma, and physical pain you’ve endured, as well as acknowledge the impact your injury has had on your ability to enjoy hobbies and social activities you once valued.

In New York, you can claim both economic and non-economic damages under Insurance Law § 5102(d) for “serious injuries” caused by negligence. Low-ball offers often exclude non-economic damages like pain and suffering, which require detailed documentation to substantiate. New York’s No-Fault system (Insurance Law § 5104) limits claims unless injuries meet the “serious injury” threshold, making a thorough evaluation critical.

If you’ve received a low offer, contact Cellino Law for a free consultation. We’ll review the offer to ensure it reflects all your damages and advise you on your rights under New York law.

Respond Rationally, Not Emotionally  

You might feel the urge to react quickly to a low settlement offer, but resist the impulse to send a quick, emotional response. Instead, consider the following:

    1. Call the insurance adjuster: Consider seeking clarification on why the original offer was made with the insurance adjuster. 
    2. Politely decline the offer: Clearly state that you cannot accept the offer, as it does not cover your damages in totality. 
    3. Provide justification for your denial: Explain why you don’t believe that the offer is fair. Include evidence of this, including medical bills, proof of lost wages, etc.
    4. Write a professional response letter: The insurance company may require a formal written response to your offer. In your letter denying the settlement offer, be sure to avoid emotional language and provide additional documentation where needed. 

New York’s comparative negligence rule (CPLR § 1411) means your compensation could be reduced if you’re found partially at fault. A professional response with strong evidence helps counter insurer tactics to minimize liability or dispute damages.

At Cellino Law, we craft professional responses to low offers on your behalf. If you’re unsure how to respond, reach out for a free consultation, and we’ll guide you through the process to strengthen your claim.

Make a Reasonable Counteroffer

Once you’ve reviewed the low-ball offer and gathered all of the necessary documentation, the next step is to make a reasonable counteroffer. Here are some strategic tips to consider:

    1. Be Realistic: While it’s tempting to ask for a higher amount to make up for the low offer, this can backfire. Insurance companies are more likely to engage in productive negotiations if your counteroffer is reasonable and well-supported.
    2. Base your counteroffer on facts: Ensure your counteroffer includes the full scope of your past and future medical expenses, as well as compensation for the emotional toll of your injury. Also, keep the at-fault party’s insurance policy limits in mind, as the insurer can only offer up to the policy maximum. 
    3. Set a range: Rather than submitting a single figure, you may want to present a range for your counteroffer. This shows flexibility, while still signaling that you’re serious about receiving a fair settlement.

New York law requires insurers to negotiate in good faith (Insurance Law § 2601), but they often start low to protect profits. A well-documented counteroffer, supported by medical records and expert testimony, can pressure insurers to offer more.

If you need help crafting a counteroffer, contact Cellino Law for a free consultation. Our attorneys will ensure your demand reflects the full scope of your damages and aligns with New York’s legal standards.

Understand the Power of Negotiation

Negotiating a personal injury claim can be a lengthy process, but it’s important to approach it with patience and persistence. Here are some tips for successful negotiations:

  • Expect Multiple Rounds of Offers: Insurance companies often begin with a low offer to see how much you’ll accept. Don’t be discouraged if the first counteroffer isn’t accepted. It’s typical for negotiations to take time and require several offers before reaching a fair settlement.
  • Stand Your Ground: Stay calm and professional throughout negotiations, insisting on a settlement that fully compensates you for all your damages. If the insurance company refuses to make a fair offer, be prepared to walk away and take legal action. 

New York’s statute of limitations for personal injury claims is three years from the accident date (CPLR § 214). Delaying negotiations can risk missing this deadline, so timely action is essential. If negotiations fail, filing a lawsuit may be necessary to pursue fair compensation.

Don’t let insurers pressure you into a low settlement. Contact Cellino Law for a free consultation to navigate negotiations with confidence and persistence.

Work with an Experienced Personal Injury Attorney

One of the most effective ways to ensure you don’t settle for less than you deserve is to have a New York personal injury attorney on your side. An experienced attorney can offer invaluable assistance in many ways:

  • Understanding the Law: A New York State personal injury attorney is familiar with New York’s insurance laws and can ensure that all of the documentation and evidence you need is secured in order for you to receive fair compensation..
  • Dealing with Insurers: Insurance companies are skilled negotiators who may try to minimize their payout. An attorney can help level the playing field by negotiating on your behalf.
  • Maximizing your settlement: Personal injury attorneys know how to quantify both economic and non-economic damages, ensuring that all aspects of your injury are covered in the settlement offer.
  • Representation in Court: If a fair settlement agreement cannot be made, your attorney can file a lawsuit on your behalf and represent you in court to pursue fair compensation. An attorney who has proven trial experience will be a valuable asset if your case goes to trial.

In New York, personal injury cases may involve complex issues like proving “serious injury” or navigating shared fault. An attorney can use expert witnesses and accident reconstruction to strengthen your case, especially if it goes to trial.

If you’re facing a low settlement offer or complex claim, contact Cellino Law for a free consultation. We’ll evaluate your case and fight for the maximum compensation you’re entitled to.

Contact Us Today

If you’ve received a low settlement offer in New York, don’t settle for less than you deserve. Call Cellino Law at 888-888-8888 for a free case consultation. We’ll evaluate your case, guide you through the negotiation process, and help ensure you receive the compensation you’re entitled to.

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Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.

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