How to Get the Best Injury Claim Settlement

October 3, 2018 | Personal Injury

If you’ve been injured in a slip and fall, a car accident, or in another type of incident that resulted from negligence, you may be wondering how much reimbursement you can get for your claim. In this section of our FAQ, the Dixon Injury Firm will dive into max payouts, what to expect to get, and what happens if your claim goes to court.

How Much Can I Get for My Injury Claim?

This number varies based on what state you’re in, the level at which you contributed to the accident, the type of accident, and many other factors. Put simply, the reasonable amount you can get from your injury claim is equal to all of the financial damages you (the victim) experienced. If you lost wages, have building medical expenses and ongoing rehabilitation, and can justify other compensatory charges, you have your answer.

For out-of-court settlements (and only a small percentage of claims escalate to jury trials), you can expect a wide range. The nature of the injury, for one, varies. If you lost a limb, your child was killed by a reckless driver, suffered from food poisoning that caused serious consequences, the payout has a higher cap than a few bruises or a broken arm.

You also need to factor in insurance coverage. If you slipped and fell in a grocery store and claim $25,000 in damages, but the store has a $500,000 claim limit, the odds are you’ll settle in the $25k neighborhood without much trouble. If you are hit bit a vehicle and the at-fault driver only has $50,000 in coverage, and you want to settle for $100,000, you exceeded the insurer’s limit of liability. In a case like this, it would be important to call a car accident lawyer that has experience dealing with insurers and working the courts to get you the reimbursement you deserve.

Document Everything

In order to maximize an insurance claim payout, it’s crucial to carefully document everything. This includes medical expenses, gas money, child care, lost wages, loss of enjoyment and consortium, pain and suffering, and other ways the incident impacted your lifestyle. The better evidence you provide that proves the claim amount, the more seriously the insurer or a court will respond. Get police reports, take photos of the injury, keep a journal. If you mail an insurer a demand letter and request a settlement for $50,000 for a broken hip, they’re going to counteroffer if that letter doesn’t include extremely specific evidence.

Ask an Adjuster to Justify the Lower Offer

If the insurance adjuster responds with a much lower offer, ask that they justify all of the reasons. Again, document everything from phone conversations to ongoing expenses. If you’re in the negotiation phase, it’s important to layout the provable financial implications of the incident as well as the emotional damage.

Get an Insurance Claims Lawyer

Personal injury lawyers specialize in fighting insurance claims in and out of court. They can help you write demand letters, gather evidence, and know-how these big insurers operate against claims. You can contact the Dixon Injury Firm today for a free case review and consultation. We don’t charge a dime for legal services unless we win the case. Read more about the types of reimbursement you’re able to add to your claim.

It’s time to contact an insurance claims lawyer if…

  1. If your demand is for more than a few thousand dollars — insurers are unlikely to take these seriously without solid evidence.
  2. If your injuries are serious and you’re seeking future damages, such as ongoing medical treatment and rehabilitation. An experienced lawyer will know how to calculate these compensatory damages.
  3. If there’s any question about fault, it’s crucial to contact a lawyer. An insurer can push a claimant away from a justifiable settlement if a fault is unclear.

You can read more about insurance claims and personal injury law in this FAQ. As always, you can reach the Dixon Injury Firm 24/7 to learn more and receive a free case consultation. We specialize in car and truck accidents, premises liability, workers’ compensation, bodily injury, and other personal injury accidents. Contact us today if you’re in the Greater St. Louis area or Illinois and think you have a personal injury claim.