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Aug
2020

What to Do if the Insurance Injury Settlement is Too Low in Florida

on  Personal Injury

If you have been injured in a car accident, you could find yourself being pulled in many directions. Depending on the severity of your injury, you could be facing surgeries, physical therapy, and an extended absence from your job. Accompanying these issues will be the added stress of financial pressures. What do you do if the injury settlement offered by an insurance company is too low to compensate for all your losses? You contact Prosper Shaked, a Miami personal injury attorney dedicated to fighting for the rights of people injured through no fault of their own. Below, we discuss what steps you need to take if the insurance settlement is insufficient to meet your needs.

What is Your Florida Personal Injury Claim Worth?

When you file an accident or injury claim with an insurance company, they might offer you a quick settlement based on the circumstances of your case. However, how do you know if that amount is fair or purposefully low? It is impossible to tell if an insurance company’s settlement offer is insufficient if you do not know the actual value of your claim. Calculating what you deserve is much more than adding up your medical bills. Our Florida personal injury attorney will thoroughly examine your case to determine its value.

Medical Costs and Expenses

First, it is important to understand the true extent of your injury. While you are entitled to recover for medical expenses, these are not limited to the costs you have incurred up to the point of the settlement offer. If an injury is severe, you might require additional surgeries in the future or have to undergo years of physical or occupational therapy. Additionally, any medication that is necessary to manage your pain or allow you to live your life to the fullest should be compensated. Our Florida personal injury attorneys have the experience and resources to calculate and estimate the cost of your injury. An insurance company will unlikely consider all future expenses.

Lost and Future Income

It is relatively easy to calculate the income you have lost due to an injury. However, if your injury significantly limits your ability to work going forward or if you are permanently disabled, adding together a few paystubs will not give you an accurate picture of the future earnings you will have lost. Your future income should also reflect your earning capacity based on your past performance, along with calculating opportunities for promotions or advancements. Once again, our law office has the resources to estimate your lost future earnings. When an insurance company is preparing an offer, it will not reflect your actual earning capacity.

Pain and Suffering

One of the benefits of filing a personal injury lawsuit instead of accepting a low offer is that you could recover for your noneconomic damages, such as your emotional stress and your physical suffering. While some insurance companies might factor your mental anguish into their offer, it is typically a simple mathematical formula that does not address your actual pain and suffering. In many cases, a substantial amount of an injured person’s awarded compensation is for pain and suffering.

Maximizing Your Injury Compensation After an Accident in Florida

Insurance companies are not working to provide injured people with large settlements. In fact, they employ teams of attorneys, accountants, and adjusters whose sole purpose is to limit the company’s liability and reduce any settlements that must be paid. Often, an insurance company will offer you a fast but significantly low offer hoping your financial needs will compel you to accept it. Once you agree to a settlement amount, you are typically prohibited from seeking further compensation – even if you experience severe medical complications. Accepting an offer does not always require signing several documents. If you deposit a check from the insurance company, that could be construed as a formal acceptance.

If you want to maximize your settlement, you should have the representation of our personal injury attorney. First, you must not say anything that will allow an insurance company to lower your offer or deny your claim. When speaking with an adjuster, you should stick to the basic facts and not offer any opinions or small talk. Saying something such as “I feel fine” could be used as a basis to claim your injuries are not as severe as they actually are. Furthermore, you must not offer any statement that could be interpreted as admitting fault. After an accident, you should be attending to your medical needs – let our attorneys handle any communication with an insurance company.

Maximizing your settlement award takes not only time and patience – it might also require a willingness to take your case to court. This willingness needs to be more than a threat. By allowing our law office the time to gather physical and medical evidence, we can build a strong case in your favor.

To Fight for a Higher Insurance Injury Settlement Amount, Call Our Florida Personal Injury Attorney

The expenses and costs arising from a severe injury are much more than medical co-pays and deductibles. If you have experienced an injury, you want to ensure that you are being compensated for all your damages. Our personal injury attorney will help you understand the value of your claim and will fight for your just compensation. Our attorneys have the experience and resources to take your case to court if necessary. Call Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676 to schedule a free consultation to review your offer.