top of page
  • Writer's pictureRobert Schuerger

When Personal Injury Settlement Talks Fail in Houston, What Happens Next?

Technically speaking, all parties involved want to get through a personal injury claim as soon as possible. Where the objectives differ is what each party is trying to achieve in that time. The negligent party's insurance company will want to try to avoid having to pay the victim.


On the flip side, the attorney representing the victim will want to ensure that whatever settlement offer is presented and accepted is a good one and not an attempt to lowball someone who potentially had their life turned upside down.


Most personal injury cases will see a settlement agreement reached and things not having to go further. However, there's no way to tell what kinds of turns an individual matter will take, what insurance adjusters will try, and if the offer will represent fair compensation.


With that said, it's a good idea to understand where things may go when the talks don't go as desired for the victim.


Continue the Personal Injury Settlement Negotiations


Continue the Personal Injury Settlement Negotiations


Bear in mind that the initial offer is not like the judge's decision at the end of a personal injury lawsuit. It's just an offer, meaning the offeree has the choice to accept or reject it. Personal injury lawyers know this and almost expect the first offer to be a low one. In fact, the insurance company lawyer likely expects that this offer is going to be rejected too.


This, however, is where things can get a little complicated. It's not like being offered something in an informal context, saying no, and demanding a better one.


A letter must be written to formally reject the offer, during which it's a good idea to explain why the offer is being rejected, alongside a counteroffer.


This rejection is usually where the negotiating phase of things begins. Sure, this can be an arduous process, but it's very fruitful more often than not. Bear in mind that during the proceedings, there is a personal injury law firm in Houston to represent the victim.


Getting a Different Insurance Adjuster


The insurance company may choose not to continue negotiating after the first offer is rejected. In these cases, the claims adjuster is trying to disincentivize negotiating. This doesn't mean that there is no choice but to take what is offered.


In fact, you may find that there is a refusal to settle for an offer that was made previously. This tactic falls under the bad faith umbrella, and there are a few ways to effectively deal with it. A good idea is to keep track of the following:


  1. Who is being communicated with at the insurance company

  2. What offers have been made

  3. The dates of communication

  4. Any counteroffers presented


Bad faith tactics should always be reported. Once done, it's a good idea to request that a new adjuster handle the claim.


A Personal Injury Trial May Be in the Cards


An injured person may simply not be able to get the intended result during settlement negotiations, which may mean that the only option left is to take the case to court. If there was no attorney before, which shouldn't be the case, this is definitely the time to ensure that one is being consulted and leaned on for these proceedings.


Truthfully, not every personal injury claim will be suitable for trial. Even if the case in question is suitable for one, there are no guarantees. Losing means not getting anything, but winning could mean getting the maximum compensation expected for whatever the ordeal was. Schuerger Shunnarah Trial Attorneys are experts in how to negotiate an injury related insurance settlement.


Of course, this represents two potential extremes, which means there is a lot to think about. For example, there may be cases where the lawyer knows that more compensation than being offered at the settlement offer is deserved, but may advise the client to settle. It could be because the amount of evidence available or some other variable would make the likelihood of coming out on top at a trial unlikely.


Whatever the advice is, it's usually a good idea to listen to what the attorney has to see. That being said, the final decision will always lie with the victim.


Why Should You Retain the Services of a Personal Injury Attorney?


Regardless of whether you're at the first offer or considering going to trial, an experienced lawyer should always be one of the most important tools in your arsenal. Why is this?


For starters, lawyers know the kinds of tactics that insurance companies will use to avoid honoring what is their obligations. Having that knowledge means knowing the best ways to deal with them too.


Victims will often fall for the different well-laid traps because they lack the experience and legal knowledge to handle these situations effectively.


Beyond that, an attorney will know what kinds of evidence are most important and will go the extra mile to ensure that the strongest possible case is built to seek as much compensation as possible. They will go over all the defenses in personal injury cases.


Of course, there's also the fact that if the case should go to trial, the attorney will represent the victim there too, which maximizes the chances of winning the case.


Tips to Help You Get the Best Result

Tips to Help You Get the Best Result


Keep the Evidence Close


Collect as much evidence as possible based on the type of accident that occurred. If you're unsure what to collect, contact an attorney as soon as the accident happens.


Get Medical Care


Medical records will be created to prove the extent of your injuries. Additionally, records of medical bills will exist that will help to recoup the costs that you may have incurred.


Trust Your Personal Injury Lawyer


Remember your lawyer has the same objective you do. Every piece of advice being given is in your best interest.


Be Amicable


Be respectful to all parties and act within the lines of settlement and trial proceeding rules.


File Early


The earlier you file, the easier it is to collect evidence, and the more likely it is for your attorney to build a strong case.


Schedule a Free Initial Consultation with a Passionate Personal Injury Lawyer Today!


Settlement negotiations are not easy. Thankfully, they're not the kind of things you need to go through alone. Call an experienced personal injury lawyer from Schuerger Shunnarah Trial Attorneys today for a free consultation!

Comments


bottom of page