Brain injury claims can have life-changing consequences, and insurance companies do everything they can to make low offers, hoping they will settle quickly. Using strategic responses and understanding their tactics could increase your chance of receiving fair compensation.
How Insurance Companies Justify Their Low Settlement Offers
Minimizing Long-Term Impact
Using medical evidence, your Alaska brain injury lawyer could show that a brain injury could have lasting effects, but insurers often argue otherwise. Insurers could say that your symptoms are temporary or will get better quickly, so you will not get as much money.
Brain injuries can also be subtle but with lasting damage to your cognitive abilities, personality, and even your earning potential. Insurance companies may say that your injury does not affect your quality of life since you can do the basics.
Questioning Liability
Insurance companies try to avoid paying out by claiming you were partially responsible for the accident. For instance, if it is possible that you weren’t wearing a seatbelt or if road conditions weren’t the best, insurers may question your level of responsibility and cut the compensation you’re entitled to.
Alaska follows the comparative negligence rule; even partial liability can reduce your claim value. Knowing your liability rights is crucial in brain injury cases where fault can be unclear and difficult to prove.
Exploiting Financial Pressure
Insurance adjusters know that serious injuries often come with pressure to pay. Recovering from a brain injury can be long and expensive, with many medical appointments, therapy, and possibly lost wages.
Insurers may offer a low settlement, hoping you’ll accept it quickly to cover immediate expenses. In such cases, they depend on the urgency and financial need that can occur to get what you want at a reduced value.
Downplaying Symptoms
Symptoms of brain injuries may not immediately be noticeable and can change with time. Insurance companies commonly minimize these symptoms as being mild or not related to the incident to reduce an offer.
For example, if you have cognitive problems, memory loss, or emotional instability, insurers may argue that it is stress, not injury, that is the cause. The intention is to undermine the legitimacy of your claim by questioning the severity and the cause of your symptoms.
Strategies for Handling Low Settlement Offers
Refuse the First Offer
Your first offer is usually less than what you deserve. Refusing means you’re saying you know how much your claim is worth. Refusing the first offer is usually a first step, and it allows negotiation to begin.
Respond in Writing
Respond in writing and formally state your reasons for refusing a clear record. This document should list the medical cost, emotional distress, and other injury impacts. Robust evidence against a low settlement offers details of the effects of the injury on your short- and long-term daily life.
Provide Additional Evidence
If the insurer refuses to budge, you can send them more documentation. Neuropsychological evaluation and documented medical assessments can be invaluable, and sometimes expert opinions.
To provide this information directly goes against the insurer’s attempt to downplay your symptoms or the extent of your injuries.
Prepare for Trial
Your personal injury attorney in Alaska can proceed with the trial if the insurer is unwilling to compensate a reasonable amount. Threatening to sue an insurance company to get them to change their mind and offer a fair amount to resolve a situation could occur again in the future to avoid going to trial.
With the help of an experienced attorney, you can be sure that you will receive the compensation that will allow you to compensate for the losses.
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