Responding to Low Personal Injury Settlements

Responding to Low Personal Injury Settlements
Calendar icon April 12, 2021

If you have a personal injury case, and your damages and injuries are known (they got into your medical record) your (or you and your attorney if you hired one) will send a demand letter to the liable person or their insurance company. The insurers may respond to your demand letter with a low settlement (also known as “low-ball”). How you will respond to this will affect the money you will get and your ability to cover your medical bills, lost wages and other damages and expenses related to your injury.

It’s best if you have a New York personal injury attorney to guide you through this and negotiate the offer.

Analyze the Offer

It’s easy to get upset after a low-ball offer especially if your injury was serious and you have big bile of medical bills.

But, stay calm and analyze the offer. You don’t have to send an emotional response to the insurance company. Also, don’t make the mistake to accept this first low-ball offer.

Many people panic and believe that there is no chance for a higher offer, so they accept the small settlement even though they can get a higher offer with a proper negotiation.

The first offer by the insurance company is just the beginning of the settlement negotiations.

Respond in Writing

Before you write a formal response, you can send the adjuster an email or call them, asking detailed questions that will evaluate the basics for the low first offer. The answers to the questions will give you a clearer picture and guidance for the formal draft of your response.

The first low offer may occur because you didn’t send sufficient info about your injuries and other losses. If this is the case, give the adjuster important info such as your medical bills, lost wages and other relevant information.

If you don’t do this in your first demand letter, focus on the subjective and emotional points of your case. The timeline of the accident and your medical treatment were probably described in your first demand letter, so make sure you don’t repeat yourself. If you wrote the costs and date of your surgery in the first demand letter, don’t repeat that. Instead, write about the effects of the injury (additional medications, the hospital stay).

Now it’s a good time to write about the non-economic damages i.e your pain and suffering. You have gone through stress, trauma and other emotional states that the injury put you through. State that you no longer are able to enjoy the hobbies you used to have, for example.

Form Your Counteroffer

It’s not a very good idea to respond to a low-ball offer for your injury with a super high counteroffer. Keep a professional and detailed approach to your injury settlement negotiations, but consider the amount you believe you deserve and the limits of the applicable insurance coverage. Also, consider that the at-fault party has potential assets.

Maybe your injury was severe and changed the quality of your life forever and you may believe that you deserve $50 000. But, the other side may have low insurance policy limits, and your best chance is to get $25 000. Your reasonable counteroffer can vary between $35 000 – $40 000

You may have to offer more than one counteroffer. Sure, it may seem like a waste of your time especially if you’re still recovering, but the back-and-forth offers are pretty much a standard in personal injury settlement processes.

You Don’t Have to Settle Until You’re Healed

During your recovery process, you don’t have to accept any settlement. You can’t be sure what your costs will be in the end, so you don’t have to take the first (low-ball) offer.

remember that once you accept an offer, you can’t go back and file for a new personal injury lawsuit and ask for more money.

This is why it’s important to think well about the offer. If it’s necessary allow your attorney to negotiate until you get a satisfying settlement and you know will cover all your injury-related expenses.

We have experience with personal injury claims and negotiations. Our mission is to help you get the settlement you deserve. We offer you a free case evaluation; we’ll advise you on the next steps in your case and will help you write a demand letter as well as a counteroffer.

Contact our office today and schedule your first consultation.

Zoom Screenshot_16.png

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.

INJURED?
WE CAN HELP

CALL US NOW

Free Case Review

BLOGS ARCHIVE

FREE CASE REVIEW

Testimonials

  • I am writing to let you know what an outstanding job George Gridelli did for me in my personal injury lawsuit. His professionalism and expertise were evident at our first metting and he and his paralegal Diane D'Andrea took care of me as if I was a friend and not merely a client. They both went above and beyond for me in so many ways that it would be too numerous to list and I am grateful to have had such an exemplary team represent me. When working with George and watching him in court he personified to me what a lawyer is supposed to be - an honest, extremely compentent man who helped guide me through the legal system. I could not have obtained better representation anywhere else at any price. To me that says a lot abut you and your firm's integrity. Thank you again for representing me and for having such stellar individuals working for you! I will continue to recommend your firm.

    Carol

  • I just want to let you know that I did receive my settlement check. More importantly, I want to thank you again for all you did for both me and my family. I could not be more pleased with my experience at Cellino Law. From the moment I first spoke with you I felt comfortable - you took a sincere interest in my case, clearly explained the process and effected a quick settlement. From this day forward, when someone asks if I can recommend a good lawyer I will, without hesitation, say "Cellino Law". Thanks again.

    Walter

  • Cellino Law is an amazing firm with a great team. I worked with Greg Pajak and his assistant, Tracey Falconer. I cannot express enough how dedicated they are. The personal attention I received was excellent; they were always available to help with questions and concerns and put me at ease in the unknown territory I found myself in. I highly recommend them to anyone needing representation. A huge thank you to them for all they accomplished for me!

    Liane

  • Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.

    Anthony

  • Cellino Law was a great company to work with. From the beginning they came out and met with my uncle and myself and assured us that everything would be taken care of from beginning to end our lawyer state and constant contact with us to make sure that everything would go smoothly and it did. I would definitely recommend anybody to go to Cellino Law for whatever help they need. And specifically please ask for the lawyer that we had Mr. Alan Silverstein. He was amazing and his staff was always attentive. Please go with them for your next law needs.

    Eshaunda

  • I really just wanted to say thank you so much for taking my case, answering all my questions, and mostly for being very patient with me. I feel that without you and Roza I would not have been able to get anything at all. I hope to never need a lawyer again, but if I do I will definitely want you both working for me. Again thank your for you hard work, time and patience.

    Veola