Right and Wrong Ways to Negotiate with an Insurance Company After a Car Accident
by John Kelly | Sep 28, 2018
If you find yourself in a situation that requires you to negotiate with an insurance company after an accident, there are some right ways and some wrong ways to approach the negotiations.
Remember the value of both facts and emotional impact
Consider emphasizing facts including: the facts as you know them; the extent of any injuries (including any long-term or physical effects); the reasonableness of your medical expenses; property damage (damage to your car, items in the car or otherwise involved); any other financial impact (e.g., need for physical therapy or other care, loss of income during recovery).
You might want to also highlight any negative impact on personal relationships and your ability to care for loved ones (i.e., a child, spouse or parent). While it can be almost impossible to place value on suffering and emotional distress, these can be factors to raise in achieving a favorable settlement.
The negotiation process takes time
You or your attorney may begin the process by sending a demand letter with a desired settlement amount. It can take a few conversations with the insurance adjuster to come to a settlement agreement. Be patient.
Don’t take the first offer made by the insurance company, and, for large damages, don’t take accept an offer without having an attorney first review the terms.
Have a settlement amount in mind
Decide on a minimum settlement figure that you will accept before speaking with the insurance company. This figure is for your own information. Tell your lawyer, but don’t use it as an initial demand figure or an amount you should reveal to the adjuster.
Make sure all settlement offers and counter offers are in writing
Make sure all settlement offers and counter offers are in writing, and once agreement is reached, make sure the settlement offer is in writing. This letter, written by either you (or your attorney) or the insurance company, should state the settlement amount, the injuries or damages covered by the settlement, and the date of any payment to be made.
The Kelly Law Team is experienced in negotiating with insurance companies following a car accident. If you are a passenger, driver or pedestrian injured in an accident, call us today at 602-283-4122.
Willow Midwife Center for Birth & Wellness – Our firm is currently counsel for plaintiffs in a lawsuit (midwife malpractice) against the birthing center – involving failure to transfer mothers and newborns to hospitals when emergency care was needed, causing devastating consequences for those involved.
At the Kelly Law Team, our personal injury practice includes a wide range of injuries caused by negligence and other wrongful conduct. including injuries that are inflicted upon newborn babies (and their mothers).
When a woman is about to give birth, she understandably wants to be as comfortable as possible, not only in her surroundings, but also in terms of the quality of care she will receive. People choose birthing centers in part, at least, due to the promise of a more personalized attention, a home-like environment, “continuous care,” less medical intervention, and a more “natural” birthing experience.
Unfortunately, birthing centers are not equipped to handle many emergencies. There are numerous areas of concern when you entrust your maternity care to a birthing center. For example, as in our case, delayed transfer of mothers and newborn babies to a hospital could lead to devastating consequences, including oxygen deprivation, untreated fetal distress, and more. This could result in the baby suffering with cerebral palsy, developmental delays, and other serious problems and conditions.
These centers generally operate without an onsite physician, and the possibility of a delay in the transfer to a hospital in the case of an emergency or difficult delivery is only one example of injuries to newborns and to their mothers, who suffer needlessly as the result of negligence on the part of the birthing center. Moreover, birthing centers are not able to perform Cesarean sections, while almost one-third of births in the United States are delivered by C-section.
Indeed, according to the American Journal of Obstetrics and Gynecology, birthing centers carry an increased risk of adverse outcomes, including the following:
- Neonatal deaths (birth through day 28);
- Depressed Agpar scores in the first few minutes of birth (Apgar evaluates the newborn’s heart rate, muscle tone, reflexes, respiration, and appearance); and
In addition to the risks to the infant, medical problems suffered by the mother may also be well beyond the capacity of a birthing center to diagnose and/or treat.
If you or a loved one has given birth at a birthing center, and either mother or child has had health problems, during or after childbirth, we may be able to assist in finding out whether the birthing center was at fault, causing or exacerbating the injury/condition, and whether you are entitled to compensation. If you believe a birthing center caused or failed to diagnose or properly treat a medical condition, contact the Kelly Law Team to find out what our firm can do for you.
