Looking to get maximum money for your injury claim?
Suffering serious harm because of someone else’s negligence or carelessness is hard enough. Then you’re also left to deal with insurance companies, medical bills, lost wages, and a million other things on top of recovery.
The problem is that:
Most people leave thousands of dollars on the table when settling their injury claims. They take the first offer or they don’t know what they are really owed.
Without the right tactics, you’re essentially throwing money away.
You only get one chance to file a personal injury claim. I’ve seen too many people accept lowball offers when they don’t have to. That’s what happens when uninformed people are fighting giant insurance companies.
The good news is that there are strategies and tactics that seasoned lawyers use with every client to maximize the compensation they recover.
In this guide, you’ll discover:
- Why Are Most People Underpaid?
- Document, Document, Document
- Calculating Your Actual Damages
- Strategic Negotiation Tactics
- When to Get a Lawyer’s Help
Why Are Most People Underpaid?
Insurance companies have one goal in mind when negotiating…
Pay out as little money as possible.
You might have heard some slick talk about their duty to their policyholders. But the bottom line is that they work for insurance companies, not you.
Yes, 70% of injury claims get a payout. But the vast majority of those claims were underpaid.
Insurance adjusters are trained negotiators. Their goal is to lowball you out of as much money as possible. Here’s some of the sales pitches I’ve heard them use.
- This is a fair settlement amount
- You should settle now
- Your case is weak
- Medical bills are not that high
Don’t believe them.
Did you know that people who hire a personal injury attorney end up with nearly three times the payout than those who don’t? You can too.
Think about it like this… Would you take on a professional boxer with no training? No. You’d practice some sparring rounds first. Same concept here. Insurance companies have whole legal teams behind them.
The experience of an injury lawyer in Tampa FL or wherever you live can even the playing field and help you fight for the money you really deserve.
Document, Document, Document
Here’s the most common mistake I see after my clients get injured.
They don’t document their case enough.
Collecting evidence is like ammunition in the compensation war. If you don’t have enough ammunition, you’re just going to get blown away.
Here are some of the things you need to be gathering:
Medical Records: Doctors appointments, test results, medications, treatment plans
Financial Documents: All medical bills, lost wages, transportation costs, receipts, etc
Photographic Evidence: Accident scene, injuries, property damage, etc
The more evidence you have, the better your case looks. Insurance adjusters can’t dispute hard evidence like medical bills and lost wages.
Calculating Your Actual Damages
Most people only think about their medical bills when figuring out what they’re owed.
Big mistake.
You’re entitled to be made whole again. This means your compensation should cover much more than just your out of pocket expenses. Here’s how to calculate your total damages.
Economic Damages
These are fairly straightforward to calculate:
- Medical bills (past and future)
- Lost wages
- Property damage
- Transportation expenses
Non-Economic Damages
Most people leave money on the table here…
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability/disfigurement
Insider tip: Insurance companies have formulas for calculating pain and suffering. The most common is taking medical bills x 1.5 to 5 depending on the severity of the injuries.
But you don’t have to accept that formula. With strong documentation and negotiation, you can get a lot more than the formula value.
Strategic Negotiation Tactics
Never ever accept the first offer.
I can’t stress that enough… NEVER ACCEPT THE FIRST OFFER.
Insurance companies always start low because they know people will jump on it. It’s just like a flea market. Nobody pays full price at a flea market.
95% of personal injury claims are settled before trial, so most of the money is won at the negotiation table.
The Negotiation Process
The first offer from an insurance company will be laughably low. This is them testing the waters to see what you know about the value of your case.
Your counteroffer is the next step. The higher the better. This is when your evidence and documentation comes in handy. You back up your higher demand with evidence.
The process of negotiating back and forth usually continues until a settlement amount is agreed upon.
The key is not to be in a rush. Insurance companies hope that you will get desperate for cash and take the low offer. Don’t do it.
The Art of Rejection
Negotiation is a two-way street. Sometimes the best negotiation strategy is to simply walk away. When you reject their offer and provide justification for your rejection, you’re sending a message to the insurance adjuster that you’re serious about getting fair compensation.
Of course, that doesn’t mean you have to be unreasonable. It just means that you should do your homework, understand the value of your case, and not settle for less than you deserve.
When to Get a Lawyer’s Help
Look, I know. You don’t want to pay lawyer fees if you don’t have to.
But here’s the reality of the situation… Approximately 91% of people with an experienced personal injury attorney receive settlement payouts versus only about 51% of those who go it alone.
The math is simple: Even after paying legal fees, you typically come out ahead by getting legal representation.
What Lawyers Do That Helps You
Deal with insurance companies every day, so they know all the tricks they pull. Have resources to properly investigate the claim and collect evidence. They have a network of medical professionals and experts they can call to strengthen your case.
Most importantly: Work on contingency, which means they don’t get paid unless you do. So the up front cost to hire a lawyer is basically no cost.
Red Flags It’s Time to Hire an Attorney
Your injuries are significant or permanent. The insurance company is giving you a hard time. There are multiple parties involved in the accident. You’re being blamed for the accident when you know you didn’t cause it.
Insurance company wants you to give a recorded statement. You’re not sure what your case is actually worth.
Getting Maximum Value From Your Injury Claim
Want to squeeze every penny out of your injury claim?
Learn the professionals’ playbook.
Don’t rush to settle. Take your time to build a strong case. Document everything, and I mean everything.
Know your true damages. Think about more than just today’s medical bills. Consider future medical treatment, lost wages, and other expenses.
Be patient with the process. Good settlements take time to develop.
Mistakes to Avoid When Seeking Injury Compensation
Don’t speak to insurance adjusters without preparation. Avoid admitting fault or liability. Never sign anything without reading it first.
Don’t post on social media about the accident or injuries. Insurance companies search your social media accounts.
Don’t miss any medical appointments.
Wrapping Up
Maximizing your injury compensation isn’t rocket science, but it does require strategy and patience.
Insurance companies have all the advantages in this battle…except one. They need to settle your case more than you need their money.
Between documenting your case, understanding your true damages, and negotiating strategically, you can walk away with the compensation you truly deserve.
If the battle gets too big, don’t be afraid to get professional help. The investment in lawyer’s fees will often lead to far greater overall compensation.
The difference between a good settlement and a great settlement is often just preparation and persistence. Insurance companies are counting on you not knowing these strategies.
You do now.