Tag: Personal injury case

How to Respond to the First Settlement Offer

How to Respond to the First Settlement Offer

If you have been injured in an accident caused by another person’s negligence, at some point you will most likely receive a settlement offer from the at-fault party’s insurance company. In fact, it’s estimated that around 95% of personal injury cases are settled outside of the courtroom, so it’s important to know how to respond to the first settlement offer.

First, consider the timing of the offer. Some insurance companies will attempt to settle with you as quickly as possible after the accident. This may sound appealing, but if you settle shortly after you have been injured, you may not even know the true value of your claim. It takes time to gather evidence related to the case and determine the cost of your medical expenses. If you don’t have all the information yet, you won’t know if it’s a fair offer or not. It’s also important that you never accept a settlement without consulting with an attorney. If you haven’t even had time to contact an attorney, it’s best to wait to get his advice.

You should also consider the insurance policy limits before responding to the first offer. If a negligent truck driver has an insurance policy limit of $100,000 and you are only being offered $10,000 despite the severity of your injuries, it may be possible to get a better offer.

Most of the time, the first settlement offer will be low, so don’t let this take you by surprise. If you would like to submit a counteroffer, an attorney can help you put this request in writing. The counteroffer should include evidence that proves the defendant was liable and information related to your injuries. Prove why the counteroffer is reasonable by discussing the medical expenses you have incurred and the pain that you’ve experienced as a result of the injuries.

Although most first offers are low, you should never automatically reject the first offer without reviewing it. In cases where there is a significant amount of evidence proving liability and serious injuries are involved, the insurance company may want to avoid going to trial at all costs. Therefore, the insurance adjuster may make a fair first offer in an attempt to resolve the case outside of the courtroom.

Have you been injured in an accident caused by another person’s negligence? If so, contact Reisch Law Firm as soon as possible. It’s in your best interests to talk to our attorneys prior to accepting a settlement offer. Schedule a free consultation by calling 303-291-0555 or filling out this online form.

How Do You Know if You Have a Personal Injury Case?

How Do You Know if You Have a Personal Injury Case?

So, you’ve been injured in a car crash, slip and fall, or some other type of unexpected accident. Many of your friends and family members may have recommended that you contact a attorney to discuss your case. But, how do you know if you have a personal injury case? Here are the three keys to every personal injury claim:

Negligence

First, consider whether the person who is responsible for your injuries was negligent. But, what exactly is negligence? People have a “duty of care,” which means they have a legal responsibility to avoid doing any harm to someone else. If this duty of care is breached, the person is said to be acting negligently.

For example, drivers are expected to operate their vehicles as safely as possible to protect other motorists on the road. A driver who decides to operate his vehicle while intoxicated is breaching his duty to other drivers by driving impaired and putting them in harm’s way.

To put it simply, the defendant is negligent if another reasonable person in the defendant’s situation would have known that his actions could potentially harm another person.

The Negligence Caused Injuries

The presence of negligent behavior is not enough to make a strong personal injury case. You must also be able to show that the negligence directly caused your injuries. Using the example above, the drunk driver may be negligent, but he would not be liable for your injuries if he was not involved in the accident. Even though his decision to drive while impaired was negligent, it did not lead to your injuries, and therefore the defendant is not liable.

However, if the drunk driver collided with you because he was too impaired to operate his vehicle, his negligence directly caused your injuries.

Damages

Finally, you will have to be able to prove that the injuries sustained in the accident caused you harm. Did you incur medical expenses? Did you have to take time off of work in order to recover from the injuries? Did the injuries cause you a great deal of emotional and physical pain? If you answered yes to any of these questions, you may be able to recover compensation for the harm you have suffered as a result of your injuries.

Identifying these three elements of a personal injury case can be difficult, which is why it’s always in your best interests to discuss your case with an attorney. Contact Reisch Law Firm today to determine if you have a valid personal injury claim. Schedule a free consultation by calling 303-291-0555 or filling out this online form.