Category: Personal Injury

How Lawyers Negotiate for Higher Settlements

Posted by: Kemmy Law Firm

Studies show that not only are you more likely to get compensation if you have a lawyer in a personal injury case, but your settlement is going to be higher. That’s because personal injury attorneys don’t just accept the first offer that is made. They negotiate and push for the maximum amount possible.

If you were injured due to someone else’s actions in or around the Permian Basin, and you’re dealing with an insurance company, don’t go it alone. Instead, contact Kemmy Law Firm at (210) 735-2233. We offer free consultations 24/7. We’ll review their initial offer and explain your options.

The Advantage of Having a Lawyer

You might think you can get money on your own. The insurance company may even pressure you and ask you not to contact a lawyer. They may say you don’t need one and make you an offer quickly. However, those initial offers are usually too low to meet all of your needs.

Nolo found that 91% of people who hired a personal injury lawyer got a settlement or award. This is compared to only 51% of people who did not. You might be worried about paying legal fees. But even with the average personal injury attorney fee, Nolo reported that readers ended up getting three times more in their pockets with a lawyer.

How an Attorney Gets More Money?

It should be evident that an attorney can get more out of your PI claim, but you might wonder how. The answer is that lawyers utilize specialized skills to negotiate with insurance companies. They often have to pressure them into respecting victims’ rights and making a fair settlement offer.

The insurance company’s goal is to give you as little as possible. They need to be shown proof of financial liability and evidence of how much money you deserve. An attorney knows what kind of information to collect and give to the insurance company to convince them.

Proving Financial Liability

The first step in recovering compensation from an insurance company is proving that they are financially liable. Your personal injury attorney will first show that their insured was negligent or reckless and then reference their insurance policy.

We may have to evaluate the legal language in their insurance policy to determine how much money you can get and for what. We cannot trust that the insurance company will be open about anything. We must question every step of the process and gather our own information.

After reviewing the insurance policy, we will see the policy limit and the coverage types the insured had. For example, if you were in a car accident, they may have had 30/60/25 coverage. That means they have insurance to cover at least $30,000 for injuries per person, up to $60,000 per accident, and $25,000 for property damage. This is the maximum amount the insurance company will be financially liable. We will have to find alternative resources for any additional damages you have.

Negotiating with the Insurance Company

Once we know how much you need, determined by adding your property damage, medical expenses, lost wages, and other past and future losses, we will send the insurance company a demand letter. We will demand as much as possible up to the policy limit. They will likely disagree with the amount and respond with a lower settlement offer. This is where you must work with an attorney.

The insurance company may even refuse to negotiate. An attorney will know how to file a personal injury lawsuit to show the insurance company that you are serious. The pressure of a lawsuit, including expenses, will make the insurance company consider a higher settlement offer.

Your attorney will likely go back and forth many times with the insurance company when negotiating a settlement. You may even have to go to mediation. Mediation is a process where both parties come together to present evidence and negotiate in person. The insurance company typically brings its final best offer during mediation.

Work With Kemmy Law Firm

If you try to get money from the insurance company alone, you will likely get less than if you worked with an attorney. Kemmy Law Firm can immediately begin working on your case and help you get as much compensation as possible.

Call us today at (210) 735-2233 or use our online contact form. For a free consultation, There are no upfront fees. You only pay us after we recover compensation for you and your family.

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Contact Kemmy Law Firm Today

(844) 334-4388 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.