Do I Have to Accept the Insurance Adjuster’s Offer?
February 06, 2023
You do not have to accept the insurance adjuster’s offer after making a claim. Sometimes, insurance adjusters make an offer before they understand the full extent of your injuries and losses. An initial settlement offer may not compensate you for future losses associated with the long-term effects of your injuries, such as rehabilitative therapy or lost earning capacity.
You have the right to hire a lawyer to help you calculate fair compensation. Then, they can negotiate with insurers and even take your case to trial, if needed.
How a Lawyer with Our Firm Can Help You Calculate Your Damages
After an accident, you may face a long road to recovery. For example, the Mayo Clinic notes that whiplash can last for months after a vehicle collision or another injury accident. It could lead to long-term complications that can cause you to accrue ongoing medical bills. You will want to make sure your settlement takes these future losses into account.
A lawyer on our team can communicate with your doctors to determine how your injuries will affect you in the future. They can also take non-economic losses, such as pain and suffering, into account and help you calculate their worth. Additional forms of compensation a lawyer will look into include:
- Emergency room visits
- Surgery
- Medication
- Rehabilitative therapy
- Lost wages
- Future loss of earning capacity
- Loss of quality of life
- Disfigurement
Wrongful Death
If you lost a loved one due to an accident, you do not have to accept the insurance adjuster’s offer, either. As with a personal injury claim, you will want to make sure your settlement reflects your losses fairly. One of our lawyers can also help you calculate the value of these losses.
Damages you should consider for a wrongful death claim include:
- Burial and funeral expenses
- Loss of consortium
- The medical bills your loved one incurred before their passing
- Loss of inheritance
Grieving the loss of a loved one is difficult enough without worrying about how you are going to deal with the financial impact of their absence. A lawyer with our firm can protect your rights when seeking fair compensation.
Public Adjusters
According to the Insurance Information Institute (III), hiring a public adjuster is another option for calculating compensation. Unlike the adjuster who works for the insurance company, a public adjuster has no stake in the claim. Therefore, their determination of your losses will be impartial.
Your lawyer may work with a public adjuster to help you argue for fair compensation.
The Risks of Accepting the Initial Settlement Offer
You should be wary of accepting an initial settlement offer from an insurer because doing so may bar you from seeking more compensation down the road. Usually, when you accept a settlement, you sign an agreement to waive your rights to take legal action against the insurer.
If you end up facing additional expenses due to your injuries, you will be left to pay for them out of your own pocket. Your lawyer can prevent you from accepting a settlement that would not fairly compensate you for both current and future losses.
Negotiating for Compensation
After your lawyer calculates what fair compensation would look like in your case, they can negotiate with the insurer. They can handle all of the paperwork and phone calls with the insurer and argue for your right to a fair settlement.
Bringing Your Case to Court
If your lawyer cannot secure an appropriate settlement through negotiations, they can take the next step to seek your due. They can file a personal injury lawsuit to pursue a court-awarded offer.
Often, an insurer will return to negotiations after they see that you filed a lawsuit. They may reconsider their determination of fair compensation and offer you what you deserve.
Regardless, your lawyer will be prepared to represent you in a trial if needed. They can also help ensure that there is enough time to file a lawsuit. NRS §11.190(4)(e) usually allows claimants two years from the day of the incident to file their injury or wrongful death suit.
Affording a Lawyer
You should not let the fear of affording a lawyer pressure you into accepting an unfair settlement. Our lawyers take cases on a contingency-fee-basis, meaning they do not collect payment unless they secure a settlement or court-awarded offer in your favor.
We also offer free consultations to help you determine your legal options.
Call the Attorneys at High Stakes Injury Law for Help with Your Case
Insurers may not have your best interest in mind when calculating your losses, and you do not have to accept the insurance adjuster’s offer. You can lean on High Stakes Injury Law to help you calculate fair compensation. We can negotiate with the insurer in your case and take legal action to pursue your due.
Before accepting an offer from the insurer, give us a call at (702) 707-5934.
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I Was Injured In An Accident.
What Do I Do Now?
By Scott L. Poisson
Do I Have A Case?
Dealing With The Insurance Company
When a Lawsuit Is Filed
Overcoming Common Defense Themes
Special Considerations in Specific Types of Cases