Three Secrets for Fighting Insurance Companies Over Personal Injury Settlements
This article discusses:
- Key strategies for fighting insurance companies over personal injury settlements.
- How to implement and put into practice these strategies.
- When to file a personal injury case against an insurance company.
How Do I Get a Reasonable Offer Out of An Insurance Company?
If you want to be an effective personal injury lawyer who delivers for your clients, it is vital to understand the two distinct and interconnected perspectives involved: that of the victim and that of the insurance company.
Rule One: Never Give In
Insurance companies are like sharks in the water; they will sense weakness. Your personal injury lawyer has to show strength and determination when acting in your place, even if you cannot.
They have to fight for you and your rights and never give in. Attorneys often spend hours on the phone with adjustors – because it is vital that they understand the emotions involved and the lawyer’s own personal commitment to the case.
Rule Two: Put Your Whole Heart Into It
If an insurance company does not believe the lawyer’s emotions (as well as the client’s) are in the case, then they see that as an easy win and push for an unfavorable settlement – but this is not how you get them to settle and pay what they owe.
To do that, a powerful personal injury lawyer needs to be 100% ready to apply pressure and find you the compensation you deserve.
You want an attorney who will honor your case. Fortunately, Stuart Starry has been said to honor his cases, no matter how big or how small.
Rule Three: Be Ready to Take the Insurance Company to Court
An insurance company will not pay top dollar until your attorney has them back up against the wall – and that wall is the Courthouse. If you want them to settle properly, an insurance company needs to feel that the case is not going to go away.
Perhaps more importantly even, they need to feel that you are ready to win in a trial. Stuart Starry prepares all of his cases as if they were going to trial. In order to get top dollar, you have to let the insurance company know that you will go all the way.
Putting The Three Rules into Action:
Take, for example, a recently settled case in which the insurance company kept arguing over medical expenses. In order to bring them to heel, our firm prepared a detailed case analysis and put that analysis in the form of a formal demand letter.
To do so, the team gathered all of our client’s medical records and combed through them meticulously. We did not simply list the expenses paid and owed, but we listed the detailed facts relating to the injury, the client’s pain and suffering, and the client’s future prognosis. We also outlined the facts of the case that made the defendant responsible to pay.
While some firms might simply submit a half-page letter, our firm’s demand letters take some time to read. This is because they contain all the facts of the case, the medical expenses incurred, the witness statements that show liability, and even the police report and the diagram of the accident.
When the insurance company adjuster reads such a demand letter, they know that a lawyer like Stuart Starry understands the case and is ready to take it to trial, and win.
How Do You Best Prepare for an Effective Settlement With Insurance Companies?
There is no magical secret when it comes to getting effective settlement offers – just hard work and preparation. A personal injury lawyer needs to spend a lot of time on the case. They have to be devoted to it.
They will have to prepare the case for trial and prove to the insurance company that they are ready. They let the insurer know that they’re not going to get away cheaply. Your lawyer must make your case stand out as the one that will not go away cheaply.
What Shouldn’t You Do When Fighting Insurance Companies Over Settlements?
There are too many law firms out there that treat personal injury more as a business in which money is generated – rather than as a law practice where justice is sought and delivered. All they see is their bottom line.
But when a personal injury lawyer does a good job, respects their client, and honors the case, the money will come. They don’t worry about how much they are going to make on any given case because they know that if it is properly handled and the client gets the most they can get, the attorney will too.
Remember, the best personal injury lawyers act on contingency. This means that qualified and worthy personal injury lawyers only make money if the victim makes money. Attorneys like Stuart Starry do not take your case on an hourly basis (charging by the hour) but on contingency. This means that we only get paid if you win.
This also means that maximizing your case, and your settlement, is entirely in our best interest as well – even if it takes time. For personal injury attorneys with integrity, the way to prosper is to make sure that a client and their needs are taken care of with dedication, hard work, and preparedness. After that, everything else falls into place.
How Long Do I Have to File a Personal Injury Claim or Lawsuit?
In Texas, you have two years from the date of the wrongful conduct to file a personal injury claim. This usually runs from the date of the accident, but not always. This deadline is not to be taken for granted, however, as it is of vital importance. You lose all rights to any damages and any financial compensation if you miss it.
While you do have two years, it is always preferable to file earlier – especially because figuring out exactly when that two-year clock started is not always obvious. That is one of the many tasks you need a trusted and experienced personal injury lawyer to determine.
For example, consider one complicated case in the medical field: a malpractice case, in which a patient noticed symptoms far after the initial surgery caused the problem. The law dictates that the two-year clock starts at the initial harm, not at the time when subsequent symptoms that might have later revealed themselves or worsened — even if the initial injury was never noticed.
Until you understand those cause-and-effect sequences, particularly in the medical field, you don’t know when that clock is going to start ticking. That is why an experienced and knowledgeable attorney should be hired to look at your case as soon as possible.
What Should I Do If I Am Injured or Believe I Might Be?
The very first thing you should do when injured is to get medical attention… and the very next step should be to contact a qualified and experienced personal injury lawyer. That two-year timer is already ticking, and the earlier you go over your rights and your situation with a lawyer, the better your chances of finding the compensation you deserve.
After all, preparing a solid case that the insurance company will have to settle takes time and effort. Investigations need to be conducted into who is at fault, who ought to be sued, and how to bring the case against them. Then, necessary medical and or police records need to be collected before the statute of limitations expires.
How Do You File a Personal Injury Claim in Texas?
The rules for filings and deadlines are constantly evolving in Texas, sometimes to the detriment of the victims and their cases.
For example, to efficiently recover your medical expenses, you should have all medical information gathered up and supported by affidavits at the time you file your lawsuit, or within 90 days of the time the defendant answers a lawsuit. That is quite early, and failing to do so before your lawsuit could make it much more expensive to present your medical evidence.
Therefore, it is of vital importance that you and your attorney know all the dates and deadlines involved so that they can get everything gathered up in time and have your case ready should it need to be filed. Remember, an insurance company is unlikely to pay what you deserve if the case is not entirely ready to be filed and taken to court.
Do Not Delay! Call a Texas Personal Injury Lawyer Today!
Taking on an insurance company requires time and effort. Therefore, you want to give your attorney the most time possible to get the best possible results.
If you call a year and a half after your accident, you may have damaged your chances of recovering top dollar. Sometimes people will delay because they want to give their insurance company the benefit of the doubt, or they don’t want to cause trouble, or think they will get better. But delaying could interfere even with a good lawyer’s ability to obtain the evidence and get the damages to which you are entitled.
With the guidance of a skilled attorney for Personal Injury Claims, you can have the peace of mind that comes with knowing an expert has your back against the insurance giants. For more information on Personal Injury Cases in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (432) 653-1899 and asking to meet with Stuart Starry today.
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