A negligent party may be responsible for your losses if you suffered injuries in an accident. Many personal injury cases begin with an insurance claim for compensation against those liable. A settlement can help pay for medical bills, lost wages, and other current and future expenses. Unsure of how to get more money from insurance claim offers?
With your health and finances at stake, you probably have questions about how to get more money from insurance claim. You can do several things to help increase your chances of an advantageous outcome.
Act Quickly
You can help your insurance claim by taking a few immediate steps after an accident:
- Seek Prompt Medical Treatment – Seeking treatment protects your health and ensures you do not have undiscovered or worsening injuries. It also creates a vital medical record for your claim.
- Report Your Accident to Authorities – You should report your accident to the proper authorities. Depending on the type of accident that hurt you, this may be a law enforcement officer, business or property owner, or employer. As with your medical records, any official reports will be key evidence in your case.
- Contact the Insurance Company – You should report your accident and file a claim with applicable insurers as soon as possible. Waiting could cause you to miss important deadlines or lead to allegations that your injury did not occur due to the accident in question.
Acting quickly can also protect your right to take legal action if necessary. If the insurance company refuses to offer a fair settlement, you can seek damages through a personal injury lawsuit. However, you must file your case before your state’s statute of limitations expires, or the civil court will likely refuse your case. A lawyer can tell you about the deadlines where you live.
Keep Detailed Records
You should obtain and keep any records that support your claim, including police reports, accident reports, medical records of medical history, and proof of your expenses, such as bills, receipts, and estimates.
According to the U.S. Department of Health and Human Services (DHHS), a federal law called the Health Insurance Portability and Accountability Act (HIPAA) gives you access to your medical records. It also grants you authority over who can obtain your health information. States also have their own release of medical records laws. A lawyer can tell you about the laws in your area and help you obtain copies of the information needed to build your claim.
You may wonder, “Can an insurance company or a lawyer get my medical records without my consent?” Yes – an opposing party can access your records via the exchange of case evidence (discovery) or with a court order or subpoena. In the discovery phase of a settlement, personal health records can make or break the amount of compensation you may receive.
You should never give a lawyer who is not representing you blanket access to your health information. Have them make an attorney request for medical records and let your lawyer handle all medical records requested.
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Be Careful What You Say and Do
Insurance is a business, and insurance companies want to make a profit. Therefore, insurance agents often look for reasons to deny claims or reduce settlements. The following advice can help you avoid unintentionally saying or doing something that could hurt your claim:
- Follow your doctor’s orders and treatment recommendations, and do not miss medical appointments
- Do not engage in sports or other activities that could aggravate your injuries
- Do not post about your accident or injuries on social media
- Do not discuss case details with anyone other than your attorney
- If an insurance agent contacts you, be polite, but tell them to direct questions to your lawyer
- Do not agree to give a recorded statement, written permission, or written request
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Negotiate with the Insurance Company
Do not agree to the insurance company’s initial settlement offer. Often, this is a lowball figure and less than you deserve.
If you have a severe injury, you may need ongoing medical treatment and face a lengthy recovery that requires you to miss work. If you do not account for these long-term expenses and run out of money, you cannot return to the insurance company for more. You must fully understand your current and likely future losses before accepting compensation.
You have the right to negotiate before signing an agreement, and you should. In general, you can pursue financial awards for:
- Medical expenses
- Lost wages and employment benefits
- Lost future income and earning capacity
- Household services
- Physical pain and suffering
- Mental anguish and emotional distress
- Diminished quality of life
- Wrongful death of a loved one
- Vehicle and personal property damage
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Consult a Lawyer
You may want to consider working with a personal injury lawyer. An experienced attorney can do the work to build your claim while you focus on your health. A lawyer can also protect your rights and fight to maximize your insurance settlement. A legal representative can:
- Investigate your accident and collect case evidence
- Identify liable parties and prove negligence
- Identify and calculate your losses
- Estimate and seek future expenses
- Prepare and file your insurance claim
- Communicate with involved parties on your behalf
- Review your settlement offers and reject lowball payments
- Aggressively negotiate for the maximum compensation possible
- Stand up to bad-faith insurance tactics
- Take your case to civil court and represent you at trial if necessary
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Contact a Personal Injury Lawyer Near You
You should not have to pay for someone else’s mistakes. If you suffered an injury caused by negligence, you should know how to get more money from insurance claim to get the maximum compensation. Gatti, Keltner, Bienvenu & Montesi, PLC has helped thousands of injury victims take on insurance companies. We will do everything in our power to pursue the financial awards you need and deserve.
Our Memphis personal injury lawyers help with claims involving car accidents, truck accidents, motorcycle accidents, workplace injuries, wrongful death, and more. Our team takes cases on a contingency basis, meaning you do not pay attorney fees unless and until we win compensation. Contact us online or call (901) 526-2126 for a free consultation.
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