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How to Negotiate an Insurance Settlement

In order to successfully negotiate a settlement in your accident injury case, you must protect yourself from insurance providers seeking to deny or devalue your claim. No matter how trustworthy an insurance adjuster may seem, the bottom line is that they represent a for-profit company that will attempt to avoid compensating you for the harms and losses you’ve experienced. Securing a positive outcome for your case requires leveraging knowledge and evidence to force the insurance provider to treat you fairly. 

Read on to learn how to gain leverage in these negotiations as well as how to determine whether you need to hire an accident injury lawyer. 

Understand Your Rights 

The tactics that insurance companies use to sweep the rug out from under you include making lowball offers, trying to force you into a premature settlement, or delaying the process until you run out of financial and emotional resources to continue challenging them. In these circumstances, holding your ground can be quite difficult — but knowing your legal rights can help you avoid making mistakes that will damage your case. 

Those who are most vulnerable in negotiations with insurance providers are those who do not understand their rights or the options available to them. Some accident victims fail to realize that they are not obligated to give a recorded statement right away, or that they are entitled to hire a lawyer before discussing anything about their case with insurance providers. 

Work Up a Damage Model

The more you know about what you deserve, the more the insurance company sees you as a risk — and insurance companies are willing to pay when they recognize a risk. You will need to work up a damage model, which essentially means figuring out what the law would force the company to pay were you to succeed in a trial. This involves calculating estimates for damages like medical expenses, past and future pain, physical impairment, mental anguish, and lost earnings or earning capacity. You will need to work closely with your medical providers and undergo all necessary testing so that you can understand your injuries and their long-term consequences. 

Contact an Accident Injury Lawyer

Negotiating with insurance providers requires the expertise to dodge their sophisticated tactics and apply pressure until they have no choice but to offer you a fair settlement. While anyone can act as their own representative in a personal injury case, it is difficult to manage such a fraught and complex situation without the help of a lawyer. We recommend getting in touch with a personal injury lawyer who will, at the very least, help you understand your legal rights and advise you on how to protect yourself. 

If you choose to hire that lawyer to represent you, they should do more than just manage negotiations on your behalf. They should confirm that you are receiving quality medical treatment, investigate the circumstances of your accident, preserve and obtain all evidence pertinent to your case, and allow you to focus on your recovery by offering you personal support in a stressful time.

Why FVF?

At FVF, we are committed to securing positive outcomes for our clients. We also want to equip anyone who may be unsure how to proceed with securing the resources they need to make informed decisions. In support of that goal, we offer free, no-pressure case consultations. During your consultation, we will discuss the unique circumstances of your case and the best strategy for securing fair financial recovery. 

No matter what step you decide to take after speaking with us, we hope to give you more clarity and confidence moving forward. Contact us today to schedule a free, remote consultation with an accident claim lawyer near you.



Fogelman & Von Flatern is a personal injury law firm that believes it matters why we practice law: to make sure good people in unfair circumstances who want reasonable options are taken seriously, especially by their attorney. We value transparency, compassion, and justice, and we strive to embody that in our practice. At FVF, you can trust that you've got the best people on your case, for the right reasons.

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