How Does a Personal Injury Lawyer Negotiate With Insurance Companies?

If you’ve been injured in Los Angeles because of someone else’s negligence, you may have the right to recover compensation from their insurance company. However, insurance companies do not always have your best interests at heart. Their goal is to settle claims quickly and for as little money as possible. This is where a personal injury lawyer comes in. They know the tactics insurance companies use and can help you fight for a fair settlement. Below, Law Offices of Samer Habbas & Associates, PC explains how personal injury lawyers negotiate with insurance companies in California, particularly in Los Angeles.

Understanding the Role of Insurance Companies

When you’ve been injured, the first step is often filing a claim with the at-fault party’s insurance company. The insurer’s goal is to protect its financial interests, which often means minimizing payouts. Insurance adjusters may offer a low settlement in the hopes that you’ll accept it without questioning the amount. These offers are rarely enough to cover all your medical bills, lost wages, and other expenses.

The insurer may also try to shift the blame for the accident or argue that your injuries aren’t as serious as you claim. In California, comparative negligence rules allow an insurance company to reduce the amount they pay you based on your own percentage of fault. This can complicate the process, making it crucial to have someone on your side who knows how to negotiate these tactics.

Gathering Evidence to Strengthen Your Case

Before entering into negotiations with an insurance company, a personal injury lawyer will gather as much evidence as possible to support your claim. This often includes medical records, accident reports, witness statements, photos of the accident scene, and any other relevant documentation. They may also work with medical professionals to assess the long-term impact of your injuries.

This evidence is crucial because the insurance company will likely try to dispute the severity of your injuries or claim that you are partly responsible for the accident. Having a strong case built on solid evidence gives your lawyer more leverage when it’s time to negotiate.

Calculating the True Value of Your Claim

Another important part of negotiations is determining the full value of your claim. This includes not only your immediate medical bills but also future medical expenses, lost wages, reduced earning capacity, and pain and suffering. Insurance companies often try to settle claims quickly, offering amounts that only cover short-term costs. However, injuries can have long-lasting effects, and it’s important to account for all potential future losses.

Your lawyer will calculate these losses and present them to the insurance company as part of the negotiation. They will likely reject the first offer and argue for a higher settlement that reflects the true impact of your injuries. In many cases, this back-and-forth negotiation process can take some time.

Dealing With Insurance Tactics

Insurance companies often use various tactics to avoid paying fair compensation. For example, they may delay responding to your claim, hoping that you’ll become frustrated and accept a lower offer. They may also try to downplay the severity of your injuries or argue that you were partially to blame for the accident.

Your lawyer understands these strategies and will counter them with the evidence and legal arguments needed to protect your interests. By staying persistent and pushing back against these tactics, your lawyer can help level the playing field and ensure that your claim is taken seriously.

Filing a Lawsuit if Necessary

While many personal injury cases are settled through negotiation, sometimes the insurance company refuses to offer a fair settlement. In these cases, your lawyer may recommend filing a lawsuit. This doesn’t mean the case will go to trial, as many lawsuits are still settled out of court, but it does signal to the insurance company that you are serious about getting fair compensation.

Once a lawsuit is filed, the discovery process begins, during which both sides gather more information and evidence. This can sometimes push the insurance company to offer a higher settlement, especially if they realize they might lose in court.

Negotiating a Settlement After a Lawsuit Is Filed

Even after a lawsuit is filed, negotiation remains an option. In fact, many personal injury cases are resolved through mediation or settlement conferences before ever reaching the courtroom. During these negotiations, both sides have a chance to present their cases, and a neutral mediator may help guide discussions.

Your lawyer will continue to negotiate on your behalf during this process, presenting evidence and making arguments that support your claim. If a fair settlement is reached, the case will be resolved without the need for a trial. However, if the insurance company still refuses to offer a reasonable amount, your lawyer will be prepared to take the case to court.

Accepting or Rejecting a Settlement Offer

Once a settlement offer is on the table, it’s up to you whether to accept it or reject it and continue negotiating. Your lawyer will provide advice, but the final decision is yours. If you accept the offer, the case will be resolved, and you will receive compensation. If you reject the offer, negotiations may continue, or the case may go to trial if a lawsuit has been filed.

It’s important to remember that once you accept a settlement, you cannot go back and ask for more money later, even if you discover that your injuries are worse than you initially thought. This is why it’s crucial to ensure that the settlement covers all of your current and future expenses.

Contact The Los Angeles Personal Injury Lawyer Samer Habbas

If you’ve been injured in Los Angeles due to someone else’s negligence, talk to a lawyer. To get the compensation you deserve, you need someone who knows how to deal with these companies and fight for your rights. Contact Law Offices of Samer Habbas & Associates, PC by calling 949-727-9300 or contacting us online for a consultation. Our Los Angeles personal injury lawyers can help you understand your legal options and work toward the best possible outcome for your case.