My Legal Aspirations

For as long as I can remember, the legal field has always fascinated me. While my friends watched sitcoms and cartoons, I chose to watch courtroom dramas and real life trials unfold. There was never really any question as to what I wanted to be when I got older. The only profession for me was that of a trial lawyer. Unfortunately, a serious car accident several years ago changed all that. Now, my injuries prevent me from leaving my home most days. However, my love for the law has never went away. While I may not be able to realize my dreams of becoming a trail lawyer, I still wish to help people with their legal problems. That is why I decided to start this blog. It is my hope that the information contained in these pages will help other accident victims like me when filing their personal injury claims.

How To Avoid Low Settlement Offers After An Accident


Accident settlements are the way most things are resolved. If another driver has caused you injuries, then chances are your case will end up settling. However, not all settlement offers are as high as you expected. Read on and learn more.

What Factors Affect Settlements?

It may help to know how a settlement offer is figured out. Your monetary losses are added up first. In many cases, that includes your wrecked vehicle, your medical expenses, lost time from work, and more. Then, you are paid something for your pain and suffering. The way pain and suffering damages are calculated can vary, but it's often based on the seriousness of your injuries.

What Causes Low Offers?

It's important to know that the insurer for the other driver is not on your side. They are on the insurance company's side. In many cases, the initial offer from the other driver's insurer will be very low. Unfortunately, many accident victims accept that offer because they don't have a lawyer to advise them.  Other factors that can cause settlement offers to be unexpectedly low include:

  • The victim failed to seek medical treatment in a timely manner.
  • The documentation proving medical expenses was not used, not submitted, was lost, etc.
  • The other side is alleging that the victim had a preexisting condition.
  • Vehicle repair estimates were not included in the calculations.
  • More documentation is required to prove future medical treatment needs.

What You Can Do

When an accident settlement offer is too low, discuss the issue with your personal injury lawyer. In many cases, you need to obtain additional proof of your accident damages. For each form of damage that you expect to be paid for, you must have proof. That can mean ensuring your lawyer has the following:

  • A release allowing your lawyer to access your medical records.
  • Letters from medical practitioners explaining your injuries, what treatments are required, and how you may still be impaired.
  • The results of an independent medical examination (IME) which is carried out by an impartial doctor.
  • Proof of your salary and verification of all time missed from work.

Change Your Expectations

Settlement negotiations can reveal previously unknown facts about your case that could change your settlement hopes. For example, if the other side learns that you were involved in an accident with similar injuries a year ago, you might need to adjust how much you expect to be paid for the most recent accident. Discuss this with your personal injury lawyer so that your expectations are in line with reality. Speak to a lawyer to find out more.


17 October 2022