January 31st, 2022|
If you suffer a personal injury due to another party’s negligence, you may be entitled to compensation in California. The negligent party’s insurance company may contact you with a lowball settlement offer. They do this to avoid paying out maximum compensation, hoping you will accept rather than seek damages in court. You have the right to refuse a settlement offer if you believe it’s not a fair amount.
Learn what happens when you reject an insurance company’s offer and why working with a skilled attorney can increase the compensation you receive.
Why Are You Receiving a Settlement Offer?
After an accident, each party files a report with their insurance company. As part of the process, each insurance company assesses the incident to determine three factors:
- Damages: The costs of the incurred damage
- Liability: Who is responsible for the incident
- Terms of the insurance policy: What is covered by the policy
Insurance companies only make settlement offers on claims where their policyholders are liable for accidents.
What Happens if You Accept the Offer?
When you accept an insurance settlement, you may be settling for a portion of what you’re entitled to through a personal injury lawsuit. Accepting a settlement offer closes off all other compensation options and terminates your rights to seek damages in the future.
After accepting the offer, your attorney receives the settlement funds and gives them to you after deducting their fee and other associated costs such as medical bills and case expenses.
What Happens if You Reject the Insurance Settlement?
If you reject the insurance settlement, you retain your right to seek full damages through the legal system. Rejecting the settlement protects your rights to maximum compensation under California personal injury law and allows you to fight for a fair settlement that covers your medical expenses. It can also compensate you for the psychological and emotional damages you incurred.
When you decide to reject the initial settlement offer, your attorney can respond with a demand letter. You’ll ask for more than the amount the company offered and wait for a response with an adjusted settlement offer.
When Should You Reject a Settlement?
Knowing whether to reject an insurance company settlement may be difficult. This decision is best made with the help of a team of skilled San Francisco personal injury lawyers. A lawyer can assess your case and determine if the settlement the insurance company is offering is fair or whether further negotiation or legal action is in your best interest.
An experienced personal injury attorney with Berg Injury Lawyers can help you better understand how much your claim is entitled to under California law. Damages in a personal injury case can include:
- Lost wages
- Medical expenses
- Property damage
- Lost benefits
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship or consortium
In California, there are no caps on economic or non-economic damages in personal injury cases. This means that you may be entitled to a much higher settlement than the insurance company is offering with the proper legal counsel.
How Pure Comparative Negligence Affects Your Settlement
A knowledgeable personal injury attorney at Berg Injury Lawyers can also help you navigate the complex legal terrain surrounding pure comparative negligence.
Pure comparative negligence allows you to receive compensation based on your percentage of responsibility in causing the accident. For example, you may receive 10% of possible damages if you are 90% responsible for an accident, or you can receive 99% of allowable damages if you are only 1% responsible.
When you work with a skilled attorney, they can navigate these complexities to hold the other party responsible and increase your awarded amount. Proving they are more at fault for the accident than you can mean a much higher settlement value for your case.
Schedule Your Free Consultation Today
After suffering a personal injury, seek legal counsel as soon as possible to avoid being taken advantage of by unfair insurance settlement offers. Work with Berg Injury Lawyers to protect your rights and fight for a fair settlement from the liable party.
Our legal team can seek maximum compensation for your injuries so you can get back on your feet rather than settle for less than you deserve. Contact Berg Injury Lawyers today for a free consultation to review your case.