When someone sustains an injury due to another party’s negligence, personal injury claims often involve working with insurance companies. While insurance is meant to provide financial support during difficult times, the process can become complicated. Insurance companies play a significant role in personal injury claims, often influencing how cases are resolved. Understanding their involvement and how they operate can help you navigate the claims process more effectively.

Insurance Companies and the Claims Process

When you file a personal injury claim, one of the first things that will happen is the involvement of the at-fault party’s insurance company. Insurance companies are there to protect the financial interests of the people or businesses they cover, but they are not always focused on ensuring that injured parties are fully compensated for their losses.

The process typically begins after an injury occurs. Whether you’ve been hurt in a car accident, slip-and-fall incident, or another type of accident, the first step is often to file a claim with the responsible party’s insurance provider. Once the claim is filed, the insurance company will assess the circumstances of the accident and the damages you’ve suffered to determine how much they are willing to offer in compensation.

The Role of Insurance Adjusters

Insurance adjusters are the individuals who are responsible for reviewing personal injury claims on behalf of the insurance company. Their job is to determine the extent of the insurance company’s liability and how much compensation should be offered to the injured person. Insurance adjusters will investigate the incident, speak with witnesses, review medical records, and sometimes visit the accident scene to assess the situation.

While adjusters are trained professionals, their goal is often to minimize the payout to the injured party. They may attempt to offer a quick settlement, which may seem appealing at first, but it’s usually lower than what you might be entitled to. In some cases, they might try to shift the blame onto you, arguing that you were partially or entirely at fault for the accident. The goal is to reduce the insurer’s payout.

Insurance Companies and Liability

Insurance companies are fundamentally concerned with liability. Liability refers to the legal responsibility for the accident or injury. In most personal injury claims, it’s necessary to prove that the other party was at fault and that their negligence led directly to the injuries you sustained. Insurance companies will examine all available evidence and may hire investigators or experts to try to reduce or eliminate the perceived liability of their client.

If there is any doubt about who is at fault or if the evidence is unclear, the insurance company might use that to their advantage. This is why it’s important to have strong documentation supporting your claim, including accident reports, medical records, witness statements, and other forms of evidence. If you can prove liability clearly, you have a better chance of securing a fair settlement.

Negotiating Settlements with Insurance Companies

Insurance companies are known for offering settlements early in the process. They may approach you with an initial offer shortly after your injury. While this offer might seem like a good deal at first, it’s typically much lower than what you would receive if you pursued the full value of your claim. Insurance companies often make these early offers in the hopes that you’ll accept them quickly and without seeking legal advice.

It’s important to understand that the initial offer is rarely the final one. Once you have received an offer, you have the option to negotiate for a higher settlement. However, this can be a tricky process. Insurance adjusters may argue against the validity of your claims or attempt to downplay the severity of your injuries. Negotiation skills can make a significant difference in securing a fair amount.

Factors Insurance Companies Consider

Insurance companies will evaluate several factors when determining the value of your claim. These factors include:

1. Severity of Injuries – The more serious your injuries, the higher the potential payout. If you’ve suffered permanent damage, such as a disability or significant scarring, your case is generally worth more.
2. Medical Expenses – Your medical bills are a direct reflection of the impact the injury has had on your life. The more expensive the treatment, the higher the potential settlement.
3. Lost Wages – If you’ve had to miss work because of your injuries, the insurance company will factor in your lost wages when determining the amount of compensation.
4. Pain and Suffering – Beyond medical bills, insurance companies will also consider the emotional and physical pain you have experienced due to the injury. This can include things like anxiety, depression, and the loss of enjoyment in life.
5. Liability and Negligence – As mentioned, the clearer it is that the other party is at fault, the stronger your case will be. If the evidence shows negligence, you’re more likely to receive compensation.
6. Policy Limits – Insurance policies have limits on how much they are willing to pay out. Even if your injuries warrant more compensation than the policy limit, you may not be able to recover more from the insurance company.

Why It’s Important to Work with a Personal Injury Lawyer

Navigating a personal injury claim is not always straightforward, and insurance companies will use their expertise to limit their liability. If you have suffered an injury, it’s often best to work with an experienced personal injury lawyer who understands how insurance companies operate. A lawyer can help you gather the necessary evidence to support your claim, negotiate effectively on your behalf, and ensure that you receive fair compensation for your injuries.

Personal injury lawyers have experience dealing with insurance companies and understand the tactics they use to undervalue claims. They can help level the playing field and ensure that your rights are protected. In some cases, they may even help you secure a larger settlement than you could have obtained on your own.

What Happens if an Insurance Company Won’t Settle?

In cases where the insurance company refuses to offer a fair settlement, your lawyer may advise you to file a lawsuit. While most personal injury claims settle out of court, sometimes litigation is necessary to get the compensation you deserve. If this happens, your lawyer will represent you throughout the legal process, working to prove your case in court and secure a favorable verdict.

Conclusion

Insurance companies play a pivotal role in personal injury claims, but their primary interest is in minimizing their financial payout. Navigating this process on your own can be challenging, and their tactics often leave you under-compensated. Working with an experienced personal injury lawyer ensures that you have the support you need to pursue fair compensation.

At Kingbird Legal, we understand how complex personal injury claims can be and are here to help guide you through the process. If you’ve been injured and are unsure how to proceed with your claim, don’t hesitate to reach out. Our experienced attorneys are dedicated to protecting your rights and ensuring that you receive the compensation you deserve. Contact us today for a consultation.