Being in an automobile accident can be stressful and traumatic. In the days and weeks that follow, you may not know what to do, particularly when it comes to getting paid for your losses. When an insurance adjuster approaches you with a settlement offer, it may seem like a good solution – until you realize that the money they are offering isn’t enough to cover your expenses.
Insurance companies often start with lowball settlement offers, particularly when an injury victim isn’t represented by a Long Island car accident attorney. If you find yourself in this situation, you could try to negotiate your claim more aggressively. In most cases, the best way to get maximum compensation for your losses is by hiring a lawyer to fight for your rights.
Based in Melville, The Odierno Law Firm advocates for clients who have been hurt in all types of accidents throughout New York. We handle all cases on a contingency fee basis, which means that you won’t ever pay a fee unless we recover money for you. To learn more or to schedule a free consultation with a Long Island personal injury lawyer, give us a call today.
Compensation in an Accident Claim
If you are hurt in a car accident or another type of accident, then you may be able to file a personal injury lawsuit against the at-fault party. Through an accident claim, you can seek financial compensation for all of your losses. This may include:
- Economic damages, which pay for direct financial losses such as property damage, lost wages, medical bills, and future medical expenses;
- Non-economic damages, which compensate you for indirect losses such as pain and suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement; and
- Punitive damages are meant to punish someone who acted intentionally or recklessly. These damages are not available in personal injury claims that only involve negligence or carelessness.
Any insurance settlement should include compensation for both economic and non-economic damages. When justified, punitive damages should also be included. However, insurance adjusters often minimize a person’s injuries and offer settlements for far less than the full value of a claim. In this situation, you may need the assistance of a Long Island personal injury attorney to fight for your right to full compensation.
Why Insurance Companies Offer Lowball Settlements
Shortly after an accident, an insurance company may approach an accident victim to ask them to make a statement and sign documents and to offer them a settlement. In most cases, this settlement offer is what lawyers would consider a lowball amount. For this reason, you shouldn’t ever give a statement or sign anything until you have had a chance to consult with an attorney.
There is a simple reason why so many insurance companies start with a lowball settlement – they are hoping that you will accept it and the claim will be resolved for pennies on the dollar. Unfortunately, too many people fall into this trap, which can leave them on their own to handle medical bills and other expenses.
Insurance companies are in business to make money. Their goal is to turn as big of a profit as possible. Part of how they do this is by offering low settlements for legitimate accident claims. In recent years, the insurance industry has been raking in massive profits while premiums for insurance policies soar and claimants get low-value settlements on insurance claims.
The bottom line is that insurance companies don’t have your best interests at heart (even your insurer!). The best way to protect yourself is to work with an experienced Long Island car accident attorney who will fight for your right to a top-dollar settlement.
Studies show that people who are represented by counsel recover an average of 40% more than people who represent themselves in car accident claims. If you want to ensure that you get maximum compensation for your losses, reach out to The Odierno Law Firm to schedule a free initial consultation.
What to Do If Insurance Isn’t Paying Enough for Your Accident Claim
After an accident, you may be tempted to negotiate with the insurance adjuster on your own. In some cases – such as a minor crash with a property damage claim and no injuries – this might be more than fine. You should always keep in mind, however, that your goals are very different from the insurance company’s goals. You should also remember that anything you say to the insurance company could be used against you, resulting in a lower settlement offer.
If you get a lowball settlement offer, then you have a few legal options. First, you can attempt to negotiate a more favorable settlement on your own. You might have to take a more aggressive posture to get a higher settlement – but keep in mind that insurance companies rarely pay full value for an accident claim unless they believe that you might file a lawsuit.
The second option is to hire a seasoned Long Island personal injury attorney. During a free consultation, your lawyer will listen to your story and offer you legal advice on your rights and options. If you decide to move forward, then they will get to work right away to build the strongest possible case for compensation.
This may include:
- Reviewing the at-fault driver’s insurance policy to determine their insurance coverage;
- Examining your insurance policy in the event an uninsured/underinsured motorist claim is appropriate;
- Interviewing witnesses;
- Reviewing accident reports, videos, and photographs of the accident scene and damage;
- Consulting with expert witnesses;
- Analyzing your medical bills, car repair estimates, pay stubs, and other documentation to determine an appropriate amount to ask for from the insurance company; and
- Researching New York law to prove that the other party is legally responsible for your losses.
Using this information, your attorney will draft a demand letter to the insurance company. This letter will describe what happened in the accident, explain the reasons that their insured is liable, and then make a demand for compensation. Often, once an attorney is involved, the insurance company will respond with a much higher settlement offer.
Most personal injury claims are resolved outside of court. However, if the insurance company refuses to offer you a fair settlement, then it may be necessary to file a lawsuit to protect your legal rights. Filing a lawsuit also allows you to learn more about the case through the discovery process, which may make it easier for your attorney to negotiate a bigger settlement on your behalf.
In some cases, insurance companies will balk at offering a settlement that truly compensates an accident victim for their losses. Your attorney may then take the case to trial. In court, they will present evidence, make arguments, and question witnesses before asking a jury to return a verdict in your favor. While going to trial may not be the first choice for everyone, it is sometimes the best way to get you the money that you deserve for your injuries.
Don’t Take on the Insurance Company Yourself. Give Our Law Firm a Call!
Most people are fortunate to not have a lot of experience negotiating car accident settlements. But when you’re hurt in a car crash, this can make it difficult to know what to do and when you might be getting a bad deal. Our law offices will take on the insurance company for you, working hard to make sure that you get the money that you need to move forward with your life after an accident.
The Odierno Law Firm is dedicated to helping accident victims get top dollar for their losses. We represent clients who have been injured in car accidents, truck crashes, pedestrian accidents, slip and falls, and more. Give us a call at 631-651-6246 or fill out our online contact form for a free consultation with a Long Island personal injury attorney.
Related: Long Island E-Scooter Accident Lawyers
Scott F. Odierno is a partner at Odienero Law firm. Find out more about Scott on his profile page, or view any of his social media profiles below:
