Here are four ways to avoid damaging your personal injury case brought to you by the attorneys at Mullen & Mullen Law Firm.
Need Legal Help Now?
Insurance Claim Settlement
What is an insurance claim settlement?
A claim settlement is an agreement between two or more parties to settle a legal claim with payment and other terms. One of the most common forms of claim settlement involves an insurance claim, often following a motor vehicle accident. When people make claims against an insurance policy, the company reviews the claim, determines if it is covered under the terms of the policy, and offers a settlement to pay the claim. In some cases the settlement offer is accepted. In some cases, people may dispute the circumstances or amount of the claim, and the case may end up in court.
When a claim is settled, it usually cannot be reopened
It is important to know that settling a claim usually eliminates the right to make any future claims about the legal matter. If people are not satisfied with the terms of a settlement, they should renegotiate. Once a settlement is reached, the claim cannot be reopened at a later date.
Claim settlements can be resolved in trial as well
Legal cases where people are filing for civil damages are resolved with claim settlements as well. Sometimes the person being sued, called the defendant, may offer to settle before the case goes to court, a situation commonly seen when the defendant believes that going to court could result in a costly award or could create negative publicity. In other instances, a settlement is reached during court proceedings, with a judge or jury awarding damages to the plaintiff and the defendant being ordered to pay them.
Terms of a claim settlement affect both plaintiff and defendant
The terms of a claim settlement require both parties to abide by certain terms. The party paying out is required to pay out in full within a specific time frame. The party receiving a payment may be required to maintain confidentiality regarding the matter.
People who are unfamiliar with the legal system should be aware that a claim settlement can be used abusively. Before signing documents related to a settlement, the documents should be carefully reviewed by an injury lawyer.
So here’s some straight talk: Insurance companies do not exist to fairly compensate injured victims. They exist to make money for executives and shareholders.
Most insurance companies will send settlement offers like this in the hopes you will decide it is easier to just accept it and move on. Do not do this.
In Texas, the unfortunate reality is that insurance companies have laws written in their favor. That’s the world you live in, whether you want to or not.
So, if the insurance company offers you $5,000.00 two days after the accident, you sign the release, and accept their offer, where does that leave you? Oftentimes, some injuries are not apparent so soon after an accident.
This motorcycle injury accident case illustrates just how important it is to have uninsured / underinsured motorist coverage. The minimum liability limits in Texas are just $30,000.
Finally, the stressful process of getting into a motor vehicle collision and the dealing with the injuries it caused is coming to an end. Then your attorney tells you that the insurance company also put him or her on notice of a child support lien.
Your claim has been filed with the insurance company for a while now, and you have been made an initial settlement offer. Should you accept that settlement offer or not? Do not fret, you are not the only truck accident victim who has struggled with this question, and you will not be the last.
Some large injury law firms might slam you through their process as fast as possible, sometimes settling for far less than your case is worth. They often do it to maximize their own profit margins.
So how do you know if you should accept the dollar amount your personal injury lawyer recommends?
This client did not have a truly objective injury I could point to. She did, however, have symptoms that mimicked those typically seen with a herniated disc. Even though the symptoms resolved, I argued to the adjuster that the injuries the client had sustained did have a significant temporary impact on her life entitling her to fair compensation.
Don’t fall for these tricks from insurance companies after an accident! They’ll try anything they can to reduce or eliminate your accident settlement.
Don’t worry, you won’t be writing it. Your lawyer will because it’s critical to present all the facts and circumstances in a way that positions you well.
We’re not talking about manipulation or exaggeration here. This is a settlement tool we need to use on your behalf to make sure you don’t get run over by the insurance company.
Despite the unfavorable venue, I was able to convince the insurance carrier for the at-fault motorist to pay the full liability policy limits. I was also able to get the client’s automobile insurer to pay substantial monies under her underinsured motorist policy.
Adjusters almost always want to make cases about bills instead of about people. Even though this client’s medical bills were relatively low, that did not change the fact that she undeniably experienced significant mental anguish as a direct result of the auto accident.
When a person suffers an accident injury they often wonder what amount of compensation their case is worth. The money a claim is worth can vary. The insurance company uses a formula to determine the value of a claim.
There are questions most people have about how the process works and how long until you get a settlement. The answer is every accident is different, along with the amount of harm. Since the burden of proof is part of your claim and your lawyers there’s no definite time for a settlement.
Go here to learn valuable information about how the aspect of pain and suffering is evaluated during a personal injury claim.
The attorney cannot settle or attempt to settle the personal injury claim until the attorney knows the FULL extent of the injuries. In other words, Herrman and Herrman, PLLC will not know what to demand from the insurance company if we do not know the full injuries of the case.
- Page 1
- next ›