Getting a lowball settlement offer can add insult to injury. You have endured the pain of a severe injury, so you deserve to seek reasonable compensation that reflects the extent of your suffering. This compensation should cover not only your medical expenses but also the earnings you lost because of your injuries. But initial settlement offers may fall short of what you expected, leaving you wondering about your options.
Thankfully, a car accident attorney in Utah at Moxie Law Group can guide you through this predicament. They assist you as you take the following steps when facing a lowball settlement offer:
Understanding the Settlement Offer
If you contest a lowball settlement offer for your car accident claim, examine it carefully. Often, settlement providers issue low offers hoping that claimants will accept them quickly, so they can move on with their lives. Some victims probably do not know they can negotiate a settlement offer.
A lot of factors can result in a reduced offer, such as inadequate evidence of damages, coverage limits, and issues regarding the role of the claimant in the accident. Compensation is based on the evidence provided. Thus, if medical documentation doesn’t detail the severity of the injuries, and the medical treatments obtained and expected, the settlement may be lower than expected.
Another factor is comparative negligence, which assesses the role of the claimant in the accident. In Utah, if a claimant is found to share fault for the accident, their settlement offer will be reduced by their percentage of fault.
Lastly, coverage limits are a factor. The settlement offer can be the highest amount available, no matter the claim’s value. An attorney can help the claimant explore other avenues for compensation.
Collecting Evidence
The next step to take is to strengthen your claim with comprehensive evidence such as:
- Medical records: Get medical records that document the extent of your injuries, all treatment plans, and ongoing care needs. The notes of your treating doctors regarding your pain and suffering are particularly essential.
- Proof of lost wages: Collect documentation such as pay stubs, employer statements, and tax returns because they can support your lost income claims. Also, your claim of future lost earning potential can be supported by this documentation.
- Bills and receipts: Maintain records of expenses related to your accident injuries. They include medical bills, property repair and replacement costs, and medication or mobility equipment costs.
- Witness statements: If somebody witnessed the incident or its aftermath, get statements from them as they can help establish the seriousness of the accident and liability.
- Expert testimony: Expert witnesses like medical experts, economists, or accident reconstruction experts may help evaluate the extent of your damages.
Developing a Strategic Response to the Offer
Your response to the settlement offer must spell out the reason the offer is not enough, supported by the evidence you have collected. Include a counteroffer that should be calculated after thoroughly evaluating your damages.
Writing a demand letter is a complex process, so seek the assistance of an attorney. The attorney can make sure you make a counteroffer that reflects the extent of your damages. Also, they can negotiate with the settlement provider for you.
Considering Legal Action
The majority of personal injury cases are settled without court intervention. But litigation is also an option if negotiations fail. While going to court is daunting, it is a leverage point in negotiations. The possibility of going to trial usually motivates settlement providers to make a fairer offer to avoid the cost and unpredictability of a trial.
Working with a car accident attorney is important. They can navigate the legal landscape for you and present your case persuasively in court.
