when the insurance company tell your lawyer he's ready to settle what do you expect

by Willow Boehm 4 min read

The insurance company accepts your demand, and the settlement goes forward. You'll receive the compensation you asked for and sign a release of liability in exchange. It is rare for this to happen without at least some negotiation on the part of the insurance company. (Learn more about the timeline of a typical personal injury claim.)

Full Answer

Should I hire an attorney to negotiate an insurance settlement?

Sometimes, just by hiring an attorney, you show the insurance company you’re serious about getting the amount of money you deserve and won’t back down. This opens up insurance settlement negotiations that may work out in your favor. Although every case is unique, insurance settlements tend to follow a fairly predictable pattern.

Can an insurance company settle out of court?

It’s Almost Always in the Best Interest of the Insurance Company to Settle Out of Court. Were you injured due to someone else’s negligence? You’re probably wondering whether their insurance company will offer you a monetary settlement to compensate you for your injuries and damages.

Why does my attorney want to settle my case?

Your attorney may want to settle because you have a weak case, or you are not a sympathetic victim. It is incredibly important that the jury feels sympathetic for the victim in a personal injury case.

What does an insurance company need to settle a claim?

An insurance company will require clear evidence of expenses and damages before agreeing to a settlement. This may take the form of medical documentation, statements from employers, financial records, and so forth. Much of this information is essential to proving your claim.

What does it mean when a lawyer wants to settle?

Your lawyer likely knows all of this information and is going to choose a route that truly benefits you. In this case, it could be settling so that you receive the compensation you deserve without taking a huge chunk for lawyer fees by going to trial.

What does it mean when an insurance company wants to settle?

When an insurance company offers you a settlement, they are essentially acknowledging their client's fault in the accident. They want you to settle to avoid litigation or going to court. Insurance companies usually do not want to get legal help involved.

What is the usual result of a settlement?

After a case is settled, meaning that the case did not go to trial, the attorneys receive the settlement funds, prepare a final closing statement, and give the money to their clients. Once the attorney gets the settlement check, the clients will also receive their balance check.

Do insurance companies prefer to settle?

People often ask us, as attorneys, if insurance companies want to settle cases out of court and the answer is always yes. Much like plaintiffs, insurance companies don't want to spend the time and money involved in going through a trial if there is a chance they can come to a settlement agreement with the plaintiff.

How long does it take to receive compensation after accepting offer?

How long will it take to receive my compensation after accepting an offer? After your claim has settled you should receive your compensation between 14 – 21 days. This depends on if your claim was settled in or out of court.

How do lawyers negotiate settlements?

The negotiation process typically starts with your lawyer providing a written proposal for settlement to the insurance adjuster or the defendant's lawyer. The adjuster or lawyer will respond to your lawyer either in writing or over the phone.

How are settlements paid out?

A structured settlement can be paid out as a single lump sum or through a series of payments. Structured settlement contracts specify start and end dates, payment frequency, distribution amounts and death benefits.

How long does a personal injury claim take to settle?

A straightforward injury claim could take around six months to settle, while a more challenging case could take three years or longer to come to an end.

Does settling mean guilty?

A settlement doesn't usually include an admission of guilt; it doesn't say anyone was right or wrong in the case. A settlement agreement may include a "no admission of liability" clause. In some cases, part of a dispute can be settled, leaving a judge or jury to decide other issues.

Why would an insurance company not want to settle?

Insurance companies are businesses. Settling a claim often means paying out more than they want to. Their goal is paying as little as possible and limiting their liability in the event of an accident. For this reason, insurers may refuse to settle because they want to try to lessen how much they pay, if anything.

How do insurance companies come up with settlement amounts?

Insurance companies determine settlement amounts by looking at three factors: liability, damages and the terms of the insurance policy. In order for an insurance company to offer a settlement, liability must be clear.

Should I accept the first offer from an insurance company?

Accepting the insurance provider's first offer is almost never a good idea, especially if the settlement involves financial reimbursement for injury, pain and suffering, or substantial property damage. Instead, it is wise to seek help from an attorney specializing in insurance settlements.

What is a denial of an injury claim?

An insurance company denial of an injury claim is a rare occurrence, since most insurance companies want to settle a claim (a sure thing) before courts get involved (an unpredictable process). Denials usually only occur when the claim is clearly unsupported by evidence (the "injured" person has no medical bills or records of treatment) or there is a procedural problem with the claim itself.

Can you get compensation without a release of liability?

You'll receive the compensation you asked for and sign a release of liability in exchange. It is rare for this to happen without at least some negotiation on the part of the insurance company. (Learn more about the timeline of a typical personal injury claim .)

What do adjusters think about in a personal injury case?

In order to value the case, the adjuster has to think about two things: 1) what are the claimant's chances of winning at trial if a personal injury lawsuit is filed in court, and 2) how much might a jury award the plaintiff in damages?

What does an insurance adjuster do?

Just like an attorney, an insurance adjuster will want to investigate and get a full understanding of the facts of the underlying accident and the claimant's injuries and other losses (called " damages " in legalese).

What is a claim adjuster?

If you're negotiating a personal injury claim with an insurance company, you'll probably be dealing with a "claims adjuster.". It may be helpful to understand how the adjuster typically operates before you put together a written demand letter, and certainly before you accept (or reject and counter) a personal injury settlement offer.

What is a third party claim?

If you're making a claim with the insurance company of the person you think is responsible for your accident, you're making a "third party" claim. The first thing the adjuster will want to find out is what the policyholder (that's the person you're saying is at fault for the accident) has to say about what happened. Besides talking to the insured person to hear his or her story firsthand, the adjuster will read any police report or accident report related to the incident.

Is there an industry wide standard for personal injury settlements?

There is no industry-wide standard on this. Different insurers have different procedures. Learn more about factors that determine personal injury settlement value. One very important point is that adjusters often have leeway to adjust the first offer depending on who they are dealing with.

Do adjusters discount medical bills?

However, adjusters often discount medical bills if they appear to be "soft," as when the vast majority of medical bills come from health care providers other than physicians and hospitals.

How do injury cases go to trial?

the way to trial, a majority of injury cases are settled out of court. through negotiations between the plaintiff and defendant or an insurance. company. Through settlement, you will agree to give up your right to pursue. further legal action in exchange for the payment of a certain amount of. money from the opposing party.

What happens if you are injured by another party's carelessness?

If you have been injured at the hands of another party’s carelessness, it is highly likely that you will want to file a personal injury claim. against those responsible in pursuit of monetary compensation for your. losses. If you are unable to come to an agreement with the responsible. parties, a lawsuit may ensue.

What are the issues in a negotiation?

Negotiations will be based mainly on the following issues: The extent of your insurance coverage. Determining who is at fault for the accident. The severity of your injuries. The type and extent of your medical treatment. Remaining organized, persistent, patient, and calm can all be beneficial.

What to do after an accident?

offer, it is important you talk to an attorney. A knowledgeable lawyer. can provide a thorough assessment of your case and determine the most. appropriate course of action.

Can insurance companies refuse to settle a lawsuit?

In many cases, insurance companies. will refuse to engage in settlement negotiations until they have reviewed. all the facts they need to make a decision. Likewise, if the defendant. files a motion to dismiss the lawsuit, they will often be unwilling to. talk settlements until the court has ruled on the motion.

Is there a turning back after settling a case?

important to note that once you settle, there is no turning back. The. case will be over, and you will not be able to have a change of heart. after signing a settlement agreement. For this reason, it is imperative. you review all terms of a settlement offer with an attorney before accepting,

What Happens After my Attorney Sends a Demand Letter?

After the claims adjustor at the insurance company receives the letter of demand, there will be meeting at the insurance company with the adjustor and the right supervisor with authority to make decisions about your settlement.

Does the At-Fault Insurance Just Pay Whatever Amount My Attorney Asks For?

No. Boy would that make life easy. The more the attorney can use Utah law to strengthen your case, the more the insurance adjuster will be willing to pay to get you to go away.

Once the Demand is Made, How Long Should it Take?

In general, it takes a few weeks to a few months or sometimes more to settle a case after the initial letter of demand is sent.

So if They Will Low-ball Me, Why Not Lead With an Enormous Demand Amount?

If you don’t have interest in settling, go ahead and do just that. Think about it this way:

After the Insurance Company and My Attorney Agree Upon Settlement, How Long Will it Take to Get My Money?

After an agreement has been reached between your attorney and the insurance carrier, the settlement process will take about two to six weeks.

Do You Need Help With Your Case?

This article is offered only for general information and educational purposes. It is not offered as and does not constitute legal advice or legal opinion. You should not act or rely on any information contained in this article without first seeking the advice of an attorney.

Why won't insurance companies settle?

Why the Insurance Company Won’t Settle. Insurance companies are businesses, first and foremost, and settling personal injury claims by paying out large sums of money is usually not good for business. Indeed, most insurance companies aim either to minimize the amount of money paid to you, or not pay you anything at all.

What happens if you don't settle with insurance?

If the insurance company won’t settle with you, you can sue the party who actually caused your injury, in your state's small claims court. Cases in small claims court are capped at a certain dollar amount -- usually somewhere between $5,000 and $10,000 -- and can usually be resolved without lawyers.

What to do if your insurance won't settle your claim?

If the insurance company won’t settle your claim, know that there are other avenues to getting fair compensation for injuries and other losses after an accident. An experienced personal injury attorney can explain your options and make sure your rights are protected if your efforts with the insurance company have reached a dead-end.

What are the alternatives to settlement negotiations?

When settlement negotiations break down, your main alternatives are: hiring an attorney; mediation; arbitration; and small claims court.

What happens if an insurance company delays settlement?

The longer the insurance company delays settlement of your claim, the more likely that: the applicable statute of limitations will run out. witnesses' memories will fade. evidence will be lost or tainted. you will take a lesser settlement just to put the matter behind you, or.

Can you get compensation for a personal injury settlement?

When personal injury settlement negotiations with an insurance company hit the proverbial wall, there are others ways to get compensation for your injuries. Dealing with an insurance company to try to recover damages after a personal injury can be a frustrating experience. Some insurance companies will unnecessarily delay or outright refuse ...

Do insurance companies delay paying you?

Indeed, most insurance companies aim either to minimize the amount of money paid to you, or not pay you anything at all. Insurance companies will often delay in the hope that the passage of time will weaken your case (and/or your resolve).

2. They Know Their Settlement Offer Is Too Low

If you’ve received an early settlement offer from an insurance carrier, it’s a safe bet that the offer represents less than you’re really owed. Probably a lot less. And the insurance company already knows that.

3. They Plan on Using Your Statements Against You

You’ve probably seen TV shows where someone gets arrested and the police recite a familiar line: “Anything you say or do can be used against you…”

How Long Should a Personal Injury Case Take?

There is no concrete timeline for settling a personal injury case. It usually takes a few months, but it can be anywhere from several weeks to years. The main hurdles are often the size of the settlement and the complexity of the case.

Factors That Can Delay a Settlement

Several recurring factors often account for delays in reaching a settlement in a personal injury lawsuit. One of the most common is when your attorney is in protracted negotiations with auto insurance companies regarding your no-fault insurance benefits.

What Should I Do if My Lawyer is Taking Too Long to Get Me a Settlement?

Many accident victims are left wondering, what should I do if my auto accident lawyer takes too long to get a settlement? You have a few options if you are no longer feeling confident in your legal counsel.

Personal Injury Attorneys With an Impeccable Record

If you live in Michigan and are considering switching law firms because you have issues with your current attorney, contact the car accident lawyers at Cochran, Kroll & Associates, P.C. for a free consultation.

Why are insurance companies not afraid to deny a claim?

“Insurance companies are not afraid to deny a claim using shaky reasoning because an unrepresented claimant has no ability to seek a remedy in court.

What is the best strategy for a large claim?

Another good strategy for a large claim is hiring a public insurance adjuster. For example, after extensive home damage a public adjuster can work with you to get paperwork done, meet deadlines and advocate for you.

What is the purpose of asking innocent sounding questions?

Those include asking innocent sounding questions to gather information that ultimately hurts the person’s case, or closing the claim long before all medical bills, and necessary medical treatment, or lost wages, or pain and suffering, are even known.”.

Did November have to replace the adjuster?

And that’s when he and his wife decided to lawyer up. Which was easy for November because he is a lawyer. November asked the insurance company to replace the adjuster, which it did. The new adjuster, a fellow Clevelander, understood the extent of the damage to November’s home and helped him get the full claim approved.

Can a small claim settle without a dispute?

Small run-of-the-mill claims usually settle without trouble. But in cases where there’s more at stake—for both you and the insurance company—there may be a higher chance for dispute. This could include: Claims where you and the insurance adjuster don’t agree early on. Expensive or complex claims.

Why is my attorney telling me about settlements?

There is usually not much reason to doubt whether your attorney is telling you about all settlement offers because attorneys are bound to divulge that information to you by a professional code of conduct that they all must follow. The penalties for violating their code can be quite severe.

Why do attorneys want to settle?

Your attorney may want to settle because you have a weak case, or you are not a sympathetic victim. It is incredibly important that the jury feels sympathetic for the victim in a personal injury case. If you attorney feels that this will not happen for you then they will have no interest in going to trial at all.

Why do attorneys go to trial?

Your attorney may want to go to trial because the defendant is drastically undervaluing the claim.

What to do if you can't agree with your attorney?

It’s quite a gamble. In the end, if you cannot agree with your attorney, keep in mind that you always have the right to fire them for any reason. Do not do this out of merely spite. Your attorney will be paid for his or her work anyway.

Why is it important to hire an attorney?

That is why it is important to hire the right attorney; you will be able to rest easier knowing that they are making all the right decisions. A car crash can be one of the more significant events in your life, it is important that it is treated as such. Trials can be very unpredictable, juries are difficult to read.

Who decides whether or not to settle a claim?

Ultimately, the decision of whether or not to accept a settlement on your claim rests with only you. The attorney is there to represent your wishes to the best of his or her ability. That in mind, you should very heavily consider the attorney’s recommendation as to whether or not to settle.

What happens if your case is weak?

If your case is weak, your attorney will know this. The attorney may be grateful for the settlement offer that is already on the table. In fact, based on previous cases, your attorney may feel that you have been offered an award far more than what could be expected.

Getting The Insured's Story

Investigating The Claimant

Requesting Documentation of The Claim

Determining Settlement Value

Determining The Value of A Pain and Suffering Claim

The First Settlement Offer

  • Once the insurer has arrived at a settlement figure, he or she must decide what to offer. The first offer is going to be a percentage of what the insurer thinks is the final value of the case. For example, the insurer may require that the first offer be 40% of the value of the case. There is no industry-wide standard on this. Different insurers hav...
See more on alllaw.com

When Do Settlement Negotiations Begin?

  • Once a lawsuit has been filed, settlement discussions will usually not begin until the defense lawyer has completed their pretrial investigation, including depositions and interrogatories. In many cases, insurance companies will refuse to engage in settlement negotiations until they have reviewed all the facts they need to make a decision. Likewise...
See more on 4stateslaw.com

How Can An Attorney Settle My Case?

Injured? Call (833) 600-0125