You have every right to deny the insurance adjuster’s initial offer and attempt to negotiate a better settlement for yourself. In fact, by accepting the first settlement amount you are offered, you may be underselling the true value of your economic and non-economic losses.
When it comes to loyalty, claims adjusters may side with the company they work for. They may offer you an unfair settlement, hoping that you will take the easy way out instead of fighting for what you deserve. However, if you have suffered serious physical, mental, or financial losses during the aftermath of your accident, you may need your settlement to last you for years to come.
Damages That Might Be Included in Your Settlement Offer
Depending on the severity of your injuries, you may qualify for compensation to cover your:
- Medical expenses
- Pain and suffering
- Mental anguish
- Lost wages
- Reduced earning capacity
- Miscellaneous expenses related to your accident
A lawyer with our firm can calculate your potential compensation and negotiate for a fair settlement on your behalf.
For a free legal consultation, call 404-214-2001
Methods for Negotiating a Better Settlement
The key to any good settlement negotiation is substantial evidence to back up your argument. For example, if you are seeking a settlement after a car accident, you should try to gather evidence that definitively proves you were not the main perpetrator of the accident. This is important for both lawsuits and insurance claims.
If you file a lawsuit and you take your case to trial, the court will be more inclined to side with you if you can provide concrete evidence that reveals the truth. Drivers pay for insurance for a reason. If your claim is wrongfully denied, you may be within your rights to take legal action to recover the losses you suffered.
Some of the most common sources of evidence our lawyers can help you collect include:
- Eyewitness statements
- Work records
- Photographic documentation of the accident scene
- Police reports
- Video surveillance
- Medical documents
- Physical evidence
- Expert testimony
- Legal precedents
Understanding How Being Partially at Fault Can Affect the Offer You Receive
As you might expect, being partially responsible for your accident can negatively affect the settlement you receive. However, it does not necessarily prevent you from recovering damages for your economic and non-economic losses.
According to OCGA §51-12-33, you are only barred from collecting compensation if you have a percentage of liability higher than 50%.
How Your Share of Liability May Affect Your Compensation?
Most importantly, you need to understand that any percentage of liability will be taken directly out of your settlement before your case is concluded. Accordingly, 5% liability will result in a 5% reduction in your final settlement, 10% will result in a 10% reduction, and so on.
To determine what percentage of liability applies to your involvement, the presiding court will look at all the human, environmental, and mechanical factors that contributed to the accident.
If you retain a personal injury attorney, your lawyer can work to defend you against any unjust accusations or faulty evidence, with the express purpose of getting you an appropriate settlement for your losses.
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Atlanta Personal Injury Lawyers Helping You Fight for a Fair Settlement
If you are wondering what happens if you decline the insurance adjuster’s offer, our attorneys can be there to help you see the bigger picture. You do not have to settle for less than you are worth. Together, we can help fight for your right to compensation during every phase of your case.
Ultimately, our team of attorneys wants you to feel comfortable during your proceedings. We can be there to work on your case while you turn your attention to more pressing matters, like your long-term recovery and your overall wellness.
To help you achieve your goals, we can assist with many different things, including:
- Civil litigation services
- Negotiating settlements
- Calculating the value of your case
- Comprehensive knowledge of laws and legal precedents
- Obtaining evidence
- Determining liability
- Handling insurance claims
- Communicating with relevant parties
You should know that OCGA §9-3-33 establishes a two-year statute of limitations on most accident lawsuits in Georgia. However, this deadline is subject to change, and it may be even shorter in some cases. If you let us know soon enough, we can help you adhere to the deadline.
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Call Kaine Law
Here at Kaine Law, our attorneys are not afraid to stand up to insurance companies. When it comes to fighting for our clients, we do not back down from a challenge. In fact, we are so invested in justice that if you do not receive a settlement in your case, you do not owe us any money for our legal services.
For more information about fighting for your rights with an attorney at Kaine Law, contact a representative today at (404) 214-2001 to receive your free consultation.