While there is no guarantee that your injury case settles, you may have some ability to increase the value of your case.
I’m talking about after your accident happens, so these are things that you have control of. This article assumes that:
- Your case has value, and isn’t worthless; and
- Someone else’s negligence caused your injury.
If your case has value, here are 6 ways to increase the chance that it settles for a higher amount:
1. Don’t Believe the Adjuster (But do Listen)
Whatever you do, please don’t believe the adjuster. Insurance adjusters are experts in persuasion. And their goal is to save their insurance company money by paying you less.
For example, one GEICO employee’s personnel file instructed him to review the authority levels for adjusters in the 3rd and 4th quartiles of Average Loss Payout (ALP). ALP is the average paid out per claim. That employee was told to reduce or suspend those adjusters’ authority until improvement is noted.
Here is part of the judge’s order from the Hines case that says this:
I highlighted the relevant section.
I had one adjuster tell me that he had set aside $100,000 to pay my client’s motorcycle accident injury claim. Yet, several months later, he paid me $445,000 to settle.
Here is a chart showing the first offer vs the settlement:
In that case, my client was riding a motorcycle when an 18 wheeler was coming in the opposite direction.
The 18 wheeler made left hand turn and hit the motorcycle rider.
Check out the crash diagram:
My client broke the top of his leg bone beneath the knee cap. At the hospital, a doctor performed surgery to both his finger and his leg.
Below, you can see a photo that I took when I met him in the hospital:
Since I didn’t believe the adjuster and accept his $100,000 offer, this put a lot more money in my client’s pocket:
The above chart doesn’t include the interest on a loan that my client took.
In another case, a supermarket’s claims company denied liability after my client slipped and fell. They sent a strong letter saying that the supermarket did nothing wrong.
The adjuster even sent me a photo showing my client on the floor after he fell:
And they offered nothing.
Don’t give up because you feel bad for the Responsible Party
Now:
In this instance, some people would give up on their personal injury case. Perhaps they would believe that adjuster that the supermarket did nothing wrong. They believe the claims adjuster. Don’t make that mistake.
I sued and settled for $300,000.
Had I listened to the adjuster, my client would not have gotten $128,560 in his pocket after my fees, costs and paying his medical bills and health insurance company back.
Look for all available insurance coverage
If you’re injuries are worth more than the policy limits, you need to make sure that you know about all insurance coverage.
In one case, my client was in a car heading straight through an intersection. She had a green light.
Another driver ran and a red light and they crashed. After the crash, this my client’s car:
Unfortunately, my client broke her wrist and had surgery.
The at fault driver’s insurance company (USAA) paid me the $100,000 limits.
Now:
I could have just accepted the $100,000 limits. After all, that is what the insurance company told me under oath was the available bodily injury coverage:
I didn’t take the insurance company’s word for it. I asked the driver to sign an affidavit stating whether or not she was working at the time of the accident.
And then just two months later, USAA sent me this letter:
I ended up discovering $1 million in extra coverage! And my client’s injury case settled for $200,000. Instead of $100,000.
In another case my client was riding his motorcycle down the street. A car was heading in the opposite direction.
The car made a left hand turn and hit the motorcycle rider.
You can see the damage to the front wheel of the motorcycle:
My client had a herniated disc.
You can see it here:
GEICO insured the at fault car.
The GEICO adjuster offered to settle for only $4,500:
Thankfully, I did not listen to the adjuster’s reasoning as to his $4,500 offer. Instead, I marched ahead and sent my client to the proper doctors.
The result?
We settled for $100,000 instead of $4,500. Here is a comparison between GEICO’s first offer and the settlement.
After my lawyer fees, costs and paying my client’s medical bills, I gave him a check for $56,756.
You can see the breakdown here:
2. Tell the Adjuster that You Need a Certain Amount
When you speak or email the insurance adjuster for the responsible party, tell him or her that you need a certain amount of money to settle.
Whatever you do, do not use the word “want”. If you say, “I “want $10,000 to settle.
Instead, say “I need $10,000 to settle my case.” It sounds much more assertive. When it comes to negotiation, “Need” is a much more powerful word than want.
3. Get Medical Treatment (and Surgery)
The saying goes, “Damages drive the value of your case.” In a personal injury case, your damages are your injuries. If you get medical treatment, the doctors write down your complaints in your medical records.
The more medical treatment that you get, the higher the full value of your case for settlement purposes. Insurance companies (and juries) believe that if someone gets a lot of medical treatment, they have a serious injury.
Example – Motorcyclist’s Medical Treatment Gets Him $445,000 After Truck Hits Him
The above truck’s driver failed to yield the right of way and hit a motorcyclist in Miami, Florida. The motorcycle rider suffered a lower leg (tibia plateau) fracture and a finger fracture.
The doctor recommended that he follow up with him to see how his tibia was healing. The motorcyclist attended all of these medical visits. This increased the full value of his case.
The case settled for $445,000. If the injured man didn’t go to all of his medical appointments, the settlement would’ve been smaller.
Don’t Miss Any Medical Appointments
If the doctor gives you a medical appointment, you should go to it. If you miss it, the insurance company may argue that you aren’t badly injured.
Your medical treatment needs to be related to the accident. So, if a car crash resulted in no damage to your car, the insurance company likely won’t pay you for 2 years of therapy without a fight.
Get Surgery if its Recommended
If surgery is recommended, getting it increases the full value of your case. In the $445,000 settlement that I mentioned above, the motorcyclist had a 2nd surgery, where he had a metal pin removed from his finger. This increased the value of his case.
4. Go To a Doctor Who Won’t Kill Your Case
In the above $445,000 settlement, after my client had screws and a plate put in his leg, I spoke to the doctor who operated on him. I asked the doctor if the motorcyclist’s (my client’s) injury was permanent. The doctor laughed.
To me, this wasn’t a joking matter. Once I realized that this doctor didn’t think my client’s injury was serious, I recommended him to another doctor who I knew would document all of my client’s complaints.
That doctor said that his injury was permanent, and that he would need a knee replacement in the future. The fact that the injured man saw a “claimant friendly” doctor increased the value of his case.
If my client would’ve stuck with the doctor who operated on him, the settlement would’ve been smaller.
I’ve also had doctors who seemingly go out of there way to write in their medical record that I referred my client to them. It’s seems like they don’t like injured people making claims against others for personal injury.
In another case, my client tripped on a raised curb at an apartment complex. She claimed that she couldn’t see it because it was the same color as the surrounding flooring.
This is what she claimed that she tripped on:
She broke her hip and had surgery. I met with her surgeon in person so that I could get him to sign an statement under oath. He charged me $500 or so, which is allowed and normal in personal injury claims.
I asked the doctor if he agreed that the fall caused my client’s broken hip. The doctor told me “I can’t say that”. I said, “Doctor, an ambulance took my client from the incident scene to the hospital. You operated on her broken hip at the hospital.”
The doctor then said “OK. I agree.”
Needless to say, this doctor was not good for my client’s case. Some doctors simply don’t want to get involved with patients who are making personal injury claims.
5. Request All of Your Medical Records, Bills & More; Send them to the Insurer
You need to request every one of your medical records, bills, diagnostic studies for your medical treatment. Don’t rely on the adjuster to tell you what you’re missing. They may not.
The insurance company needs this documentation to make you a fair offer. They won’t give you money just because you tell them that you went to a doctor. They need to see medical records and bills.
Giving them your medical records and bills increases the full value of your case.
You should also send the adjuster excellent quality photos of your scarring. Don’t send blurry photos.
Scarring increases the full value of the case.
6. Ask the Insurance Company to Make the First Offer
If you want the best chance at settling for as much as possible, ask the insurance company to make the first offer. They may surprise you with a good offer.
When you make your first settlement demand, it should be much higher than your accident case is worth. This will give you room to negotiate.
In the $445,000 that I mentioned, shortly after the accident, I asked the adjuster, “What do you think this case is worth?” He said $100,000.00!
If I would’ve listed to him, and made a demand under $445,000, the case would’ve settled for way under $445,000. But I demanded $1 million, and the case settled for $445,000. So make a high demand.
7. Send the Adjuster Past High Jury Verdicts
Insurance companies factor in past jury verdicts when deciding how much a case is worth. But don’t expect the claims adjuster to look up past jury verdicts for you.
Make his or her job easier, by sending him high jury verdicts for the same injury that you suffered. This may help him get his supervisor to give him more money to settle your case.
You’ll find jury verdicts by subscribing to a service like VerdictSearch, Westlaw or LexisNexis, which each cost about $40 or so per month.
In the $445,000 settlement that I mentioned, I sent the adjuster some high jury verdicts, that were over $445,000 for the pain and suffering component of the case alone. This may have allowed him to offer me more money to settle the case.
8. Negotiate Your Hospital Bill and Other Bills
Hospitals charge more than the reasonable rate for services. In the above $445,000 settlement that I mentioned, I was able to get the hospital to reduce its bill from $25,000 or so to $13,500. This put an extra $11,500 in my client’s pocket.
In another case, my client was injured in a car accident. You can see the damage to the car that she was in:
We settled her soft tissue car accident injury case for the other side’s $25,000 policy limit.
The hospital bill was over $16,500. We asked them to reduce it. They reduced it to $7,500. This put $9,000 more in Odalys’ pocket.
The same is true for if you have health insurance, that is entitled to get paid back at the end of the case. You may be able to get a huge reduction in their claimed lien.
Sometimes if you have an attorney, they are forced to reduce their lien by your attorney’s fees and costs.
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