Knowing how to seek compensation becomes challenging after being involved in a personal injury accident. It often gets tricky for victims to seek fair compensation for their injuries and damages. When you begin the process of getting compensation, the process can become time-consuming and lengthy. Once your Des Moines personal injury lawyer has finalized all the evidence, they will give a letter of demand to the insurance company. The letter will state all your damages and injuries and also include the expected compensation amount.
After going through your case, the insurance company will roll out a settlement offer to close your case. Now, here is a catch. The insurance company will never provide the ‘maximum’ amount, and it will try to aim for a minimum amount to settle your case.
Are you allowed to decline the settlement offer?
Yes. Legally, you are allowed to decline the settlement offer if it does not meet the expected amount or if you believe that the amount you are offered is less than the damages you have incurred from the accident. Your lawyer will let you know if the amount is sufficient for your claim. Once you both decide that the settlement is unfair, your lawyer will give a written statement to the insurance company.
While denying the settlement offer, your lawyer is allowed to make a counteroffer. However, it is important to understand that you need to justify the amount you are demanding and also justify why you think the amount you are offered does not meet your requirements. Once these two points are clear, the insurance company will take its time to come to a decision.
What happens next?
Most cases of personal injury settle out of court without the intervention of the court or jury. Settlement outside the court means you and the insurance company come to a mutual settlement amount and close the case. Once you and the insurance company agree, you can move ahead with the settlement procedure.
On the other hand, if the insurance company is not ready to provide you with the compensation you are asking for despite asking multiple times, you can take the case to court by filing a personal injury lawsuit. In court, the jury or judge will decide who is at fault and the compensation amount to be given to the victim.
Speak to a lawyer!
It is essential to have a lawyer by your side who can help you seek maximum compensation for your injuries and damages.