how long should i let my insurance company handle injury claims before hiring a lawyer

Should you hire a lawyer to make an insurance claim?

Speaking with an experienced lawyer before you contact your insurance company to make a claim can help you avoid hurting your case when you communicate with experienced insurance representatives when you open a claim, he adds. “Remember this,” he adds.

What happens after you file an injury claim with insurance?

Once you file an injury claim with an insurance company, the adjuster goes to work. Here's how they approach personal injury claims. Please answer a few questions to help us match you with attorneys in your area.

Can I talk to the insurance company about my injury settlement?

When you're seeking compensation for an injury after any kind of accident, there's a good chance you'll be dealing with an insurance company. For example, if you get into a car accident, you (or your attorney) may talk settlement with the at-fault driver's car insurance company.

Should I hire a lawyer after a car accident?

However, if there is a possibility that your injuries might be "serious" enough to qualify you for stepping outside of the no-fault system, then hiring a lawyer becomes a good idea. Insurance companies will only pay out to their policy limits.

How many days does an insurance company have to respond to a claim?

Typically, under the terms of the insurance policy and/or by state law, the adjuster must complete an initial review and send a response within a reasonable amount of time – usually on the order of 30 days.

How long does a insurance company have to respond to a demand?

In the best-case scenario, the insurance company will respond to your demand letter within 30 days. However, you generally have to wait anywhere from a few weeks to a couple of months because no law sets a deadline.

Can you negotiate with insurance for pain and suffering?

Negotiating the Amount of Your Pain and Suffering Damages After you have valued your claim and have an idea of what type of settlement you should receive, you can start the negotiation process by sending a demand letter to the insurance company with the assistance of your attorney.

How do you scare insurance adjusters?

The best way to scare insurance carriers or adjusters is to have an attorney by your side to fight for you. You should not settle for less.

How long does it take for an insurance company to make an offer?

Often insurance companies will deliver an offer in response to a settlement demand between three days and three weeks. The time difference will depend on the reasons behind your compensation requests and if it includes non-economic damages.

Do insurance companies want to settle quickly?

Insurance companies want to settle cases right away, because they don't want you to have an opportunity to speak to a personal injury lawyer. If an insurance company is offering you any money, it is always advisable that you at least have a consultation with an attorney.

How do you respond to a low settlement offer?

Steps to Respond to a Low Settlement OfferRemain Calm and Analyze Your Offer. Just like anything in life, it's never a good idea to respond emotionally after receiving a low offer. ... Ask Questions. ... Present the Facts. ... Develop a Counteroffer. ... Respond in Writing.

How do I ask for more pain and suffering?

10 Tips for Negotiating Pain and Suffering:Manage Your Expectations for Compensation.Know What Counts as Pain and Suffering.Support Your Claim with Outside Factors.Tell a Vivid Story of Your Pain and Suffering.Describe Your Distress During Recovery.Link Evidence to Your Pain and Suffering.More items...•

How do I ask my insurance company for more money?

Let's look at how to best position your claim for success.Have a Settlement Amount in Mind. ... Do Not Jump at a First Offer. ... Get the Adjuster to Justify a Low Offer. ... Emphasize Emotional Points. ... Put the Settlement in Writing. ... More Information About Negotiating Your Personal Injury Claim.

What happens if you don't agree with insurance adjuster?

The company must grant you this right and assign someone within the insurance company to look at the facts of your case and determine whether the adjuster made a mistake. If an internal review fails to reverse the adjuster's decision, you can file an official complaint against the insurance company.

How do I talk to an insurance adjuster?

Tips for Talking to an Insurance Claims AdjusterRemain Calm and Polite. ... Identify the Person You Are Speaking With. ... Give Limited Personal Information. ... Give No Details of the Accident. ... Give No Details of Your Injuries. ... Resist Initial Settlement Offers. ... Refuse to Give Recorded Statements.

Why does insurance adjuster want to meet with me?

What Does The Insurance Adjuster Want From Me? The insurance adjuster wants to obtain a statement from you. The insurance adjuster wants to discover how you viewed the accident. If you tell a different story of how the accident occurred, they will use the fact that you made two different statements against you.

How Do Insurance Companies Handle Claims?

If you wish to handle your own claim, you must at least know what you’re getting into. The insurance company that you will be up against does not have your best interests in mind. The insurance company’s number one goal is to increase its profits. Even if you weren’t at fault for the accident, the insurance company will try its best to diminish your payout or deny benefits altogether. This can make it difficult to obtain a fair and full amount for your injuries and losses.

How Much Does a Personal Injury Lawyer Cost?

This means you will not have to pay the lawyer anything upfront to handle your claim. Instead, you will only pay if and when the attorney obtains financial compensation for your injuries on your behalf.

Why do people hesitate to hire a lawyer?

Affording a Lawyer: Contingency Fee Agreements. Another primary reason people may be reluctant to hire a lawyer is out of fear of paying legal fees. But almost all personal injury lawyers work on something called a contingency basis.

What happens if you are in a car accident with no injuries?

One of the most common types of case involves injuries caused in auto accidents. Someone might rear-end you at a low speed and cause minor damage to your vehicle. The injuries to yourself or your passengers might result in a few visits to the doctor's office.

Why do you need a lawyer?

That's because: Your lawyer can help you make sure you get the full spectrum of damages you're entitled to. Lawyers are experts in negotiation and can maximize your recovery. The insurers and defendants may take your claim more seriously once you're represented by an attorney.

Why don't people hire lawyers?

One reason many people cite for not hiring a lawyer of their own is that they have insurance, or that the other party has insurance. You may believe that insurance companies are there to look out for you. But in many cases, the insurance company's interests are directly at odds with yours:

What is personal injury?

Personal injury claims cover a wide variety of situations and different types of accidents. You may have been injured in a car accident, by slipping and falling on someone's property, or bitten by a neighbor's dog. All these things are considered personal injury and the level of your injury can make big a difference in processing your claim.

Who represents insurance companies in small claims court?

The insurance company you are making the claim against will have attorneys representing and fighting for them. Lawyers are professionals who spend years and countless hours studying the particulars of the law and gathering knowledge to represent their clients to the best of their abilities. If the insurance company or the party you are taking to Small Claims Court has legal representation, it may be something for you to consider as well.

Can you file a claim against the other party?

In some situations, you may be capable of handling a claim through insurance or Small Claims Court against the other party on your own. Other times, you may want to seek the advice and assistance of a qualified legal professional. It all depends on the severity of your injuries and the legal elements of the accident.

1. There are sources that rate personal injury lawyers based on what their colleagues say about them

How do you find a top-notch lawyer for a serious personal injury case? There are resources you can check before deciding which lawyer to schedule a consultation with.

4. Virtually all personal injury lawyers offer a free consultation and will not charge a fee unless there is a recovery

Anyone who has ever seen or received any type of advertisements (TV commercials, yellow pages, internet sites, direct mail solicitation letters, etc.) from personal injury firms quickly learns that every injury lawyer makes the same offers:

6. Does this lawyer have the financial and staffing resources to take on my case?

As noted above, lawsuits involving serious or catastrophic personal injuries can be very expensive to take to court. For example, a typical medical malpractice case can involve three, six or even more medical specialties, each one of which needs to have an expert witness hired to deal with issues in that specialty.

7. What kinds of cases does this lawyer handle on a daily basis?

Some lawyers are “general practitioners” who handle many different types of legal cases, including the occasional personal injury case. If you have a serious personal injury claim, you will want a lawyer who handles personal injury cases on a day-in, day-out basis.

8. How long has this lawyer been handling personal injury cases?

For the most part, lawyers who handle personal injury or medical malpractice cases charge injury victims the same “contingent” fee no matter how long they have been practicing.

9. Does this lawyer actually try lawsuits in court?

Most lay people believe that all personal injury lawyers go to court and try cases on a regular basis. Nothing could be further from the truth. A significant percentage of lawyers who hold themselves out to be “trial lawyers” or “personal injury lawyers” have little or no jury trial experience.

10. Does this lawyer teach other lawyers?

Lawyers who frequently lecture at legal education seminars (called “CLE” – or continuing legal education) have the esteem of their professional colleagues. They are asked to speak at legal education seminars because other attorneys want to hear what they have to say.

How long do you have to file a lawsuit in Virginia?

Following Virginia Law 8.01-243, if you were injured in the accident and want to file a lawsuit, you must do so within two years of the date of the accident. If there was damage to a vehicle or other property, you have five years from the date of the accident to file. If the accident resulted in someone’s death, the statute of limitations is two years from the date of the person’s death.

How to get a medical insurance claim?

It is also a good idea to hire an attorney if: 1 You are having difficulties paying your medical bills 2 You need help having your car repaired or replaced 3 The other driver’s insurance company wants access to your medical records 4 The other driver’s insurance company wants you to make a recorded statement 5 The other driver’s insurance company makes you a settlement offer that doesn’t cover your expenses 6 The insurance company is denying or delaying payment of your claim 7 The insurance company’s offer is very low 8 Your accident resulted in a fatality 9 Your accident occurred in a construction zone or involved a ride share vehicle and there may be third parties involved 10 The police report generated after the accidents contains misstatements or incorrect information 11 The other party has secured an attorney of their own 12 You are unsure about your rights 13 You have been in negotiations with your insurance company for too long a time

What happens if an insurance adjuster doesn't settle a case?

If a case does not settle outside of court, and the lawsuit makes it all the way to trial, the judge or jury will make a decision on who is at fault ("liable"), whether compensation (" damages ") is appropriate, and if so, how much. This is risky territory for an insurance company, as a damages award can end up being very high if the jury is sympathetic to the plaintiff. Legal fees and other costs associated with a trial can also add up quickly—expenses that don't help the insurance company's bottom line.

Why is an insurer more likely to offer a settlement?

If the plaintiff has a really solid case (like a medical malpractice claim where a doctor left a surgical instrument inside the plaintiff) then the insurer is more likely to offer a larger settlement, because a plaintiff's victory in court will be almost certain. If a plaintiff's case is fairly weak , then the insurer is likely to offer much less, since the claimant is likely to go to court and get nothing.

What happens if a plaintiff's case is weak?

If a plaintiff's case is fairly weak, then the insurer is likely to offer much less, since the claimant is likely to go to court and get nothing. Learn more about how the insurance adjuster determines a settlement offer.

What is an adjuster in insurance?

When an insurance policy covers an incident, and a claim is filed, an "adjuster" (an employee of the insurance company) is assigned to investigate what happened and to figure out how much the claim is worth. It's important to remember that the adjuster works for the insurance company, not for you. The adjuster's focus is always on keeping any ...

What are the factors that affect a personal injury claim?

In personal injury cases, insurance adjusters usually consider the same factors that juries would look at in deciding what the claim is worth. These factors include: 1 actual expenses (i.e. medical bills) incurred, and those that will be incurred in the future 2 lost income or lost ability to make a living 3 "pain and suffering", and 4 other negative effects of the claimant's injuries.

What is the job of an insurance adjuster?

The insurance adjuster, then, generally has the job of getting the claimant to accept the lowest settlement offer possible, without filing a lawsuit.

What happens if you slip and fall?

If you file a personal injury lawsuit after a slip and fall, the property owner's homeowner's insurance or liability insurance is probably going to kick in. So it's important to understand how insurance adjusters work.

7. How Would You Represent Me?

Asking your potential lawyer how they would represent you during your case is an excellent way to understand how this specific lawyer handles business. Some are more aggressive, and others are logical and methodical.

Workers Comp FAQ

Worker’s compensation insurance (often referred to as worker’s comp) aims to protect businesses and their employees from financial loss due to injuries on the job or sickness from a work-related issue.

What Percentage of Your Cases Come from Other Referrals

One of the best ways to find a good personal injury lawyer is to ask other lawyers for a referral.

How Long Have You Worked on Personal Injury Cases?

Some lawyers work on a variety of cases while others focus on a specific area of the law. When you hire a lawyer on a contingency fee basis, they often charge the same percentage, regardless of how much experience they have.

Have You Handled A Case Like Mine?

You will want to make sure that any lawyer you handle has tackled a case similar to yours. Personal injury lawyers handle personal injury claims on a daily basis. They’re used to negotiating with insurance companies, gathering evidence to establish liability, and accurately calculating damages that accident victims have sustained.

How Will You Keep Me Updated About My Case?

One of the most important things about working with an El Paso injury attorney is the relationship you have with them. A good lawyer will keep you informed about the status of your case, any proposed injury case settlements, and other developments in your case.

Contact The Law Offices of Michael Gopin, PLLC for Help with Your Personal Injury Claim

If you were injured in a personal injury accident, The Law Offices of Michael Gopin, PLLC can assist with every aspect of your case. Contact us today to learn more about how we can help.