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LAW FIRM BLOG

How the Defense Values a Personal Injury Claim

For personal injury victims, receiving low-ball settlements and being told by an insurer that their injuries aren’t serious enough to warrant pain and suffering can be perplexing. If you or someone you know recently sustained injuries in a premises or motor vehicle accident, the struggles you face are very real. Mounting bills, costly medical care, lost income, and more are adding to the damages you’ve suffered. So, how do insurers put such a low value on your compensation claim?  

Often, it isn’t so much about what your case is worth that matters to the defense but how little they can get away with paying for it. At Jordan Law, when we take on a personal injury case, the first step we do is gather solid evidence of your injuries and losses. From there, we build a case strategy that leaves insurers no other option but to pay you fairly. 

The Circumstances Leading to Your Injuries Directly Impacts Your Injury Claim Value 

The circumstances of your injury are one of the first aspects that get scrutinized by the defense. For example, suppose there is undeniable negligence on the part of their policyholder, like driving drunk or failing to maintain a property from dangerous conditions. In that case, they will be more open to settling your claim. 

However, if they feel they can successfully put any of the blame onto you, they will do so to make Florida’s pure comparative fault laws work in their favor. Personal injury liability hinges on contributory negligence in the Sunshine State, which means that the victim and the at-fault party could share liability. So, if you were looking at your phone when the defendant changed lanes and hit you, it’s possible the insurer would argue you’re partly to blame for not paying attention to the road. This would result in your compensation being reduced by the percentage you’re at fault for.  

How Your Injuries and Medical Care Impacts Opinion on Your Case’s Value 

Another factor that influences how the defense will value your claim is the type and severity of injuries you sustained and the care required to treat them. This is particularly important because if you fail to seek treatment or delay in doing so, they could claim your injuries aren’t as serious as you’re declaring and try to offer you significantly less compensation.

As longtime personal injury attorneys in Central Florida, Jordan Law always encourages those involved in any type of accident to get evaluated. You want to give the insurer solid evidence of your injuries and damages, and immediately seeking care is crucial in establishing this fact. In addition, without a proven medical treatment history to back up the seriousness of the physical and mental harm you suffered, they won’t take your claim seriously either.  

Additional Losses that Impact the Defense’s Valuation of Your Personal Injury Claim

Other losses like damage to your vehicle can play a role in how much your claim is worth to the insurance company. The last thing they want to pay for is weeks of missed work while you wait on your car to get fixed. Additionally, if you suffered permanent injuries that will prevent you from returning to work, or you will be at diminished capacity, they may try to settle quickly to avoid ongoing losses. 

As you can see, the compensation offers you receive from the liable parties in your personal injury case aren’t based on your damages and losses whatsoever. Insurance adjusters have one job: save money for their employer. This means purposely making low-ball offers that exclude non-compensatory damages like pain and suffering and even using your own words against you to justify denying your claim.  

You Aren’t Alone in Your Fight

When you’ve sustained injuries in an accident caused by the reckless actions of another person or company, it’s important to get sound legal advice before making any decisions. This is especially true when dealing with an insurer looking to minimize your injury claim to save money. 

At Jordan Law, o1ur team of attorneys always puts your best interests and well-being first in everything we do on your behalf. You never have to worry about the status of your case or be left with unanswered questions. We are always available to speak with you about your concerns. Contact us today to schedule an initial consultation and learn more about what rights you have to compensation.

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