Insurance companies operate with the primary aim of generating profit, which often leads them to minimize claims payouts. It’s important for accident victims to be fully aware of how these companies process personal injury claims and to understand the potential challenges they may encounter along the way.
Personal Injury Claims: Understanding the Process
When you initiate a claim against an opposing insurance company by filing a claim, the company assigns an adjuster to your case. The role of an insurance adjuster is to assess the claim thoroughly and appraise its worth. Depending on their findings, the adjuster may either reject the claim or agree to it, proposing a settlement.
It’s important to recognize that the insurance adjuster is an employee of the opposing insurance company, acting in the company’s interest. As such, adjusters are inclined to make decisions that benefit their employer, often at the expense of the claimant. These decisions often times lead to low monetary offers that are far less than the claimant’s case is worth.
Insurance adjusters face a two-fold responsibility: they are expected to manage costs by minimizing claim payouts, yet they must also steer clear of personal injury lawsuits. Filing a lawsuit can lead to significant legal expenses for the company which is why they aim to find a middle ground that reduces company payouts while deterring litigation.
Comparative Negligence and Its Impact on Insurance Claims
Florida operates under a modified comparative negligence framework. This legal principle allows for the apportionment of fault in an accident, either assigning complete responsibility to one party or dividing it among those involved. For instance, a court might determine that a motorist is entirely at fault for an accident due to failure to yield. Conversely, if evidence suggests the other driver was speeding, the court could adjust the motorist’s fault to 80%, acknowledging shared liability.
In situations where negligence is distributed among the parties, the compensation awarded to the plaintiff is correspondingly reduced. As per the earlier example, if the court decreases the defendant’s fault to 80%, the plaintiff’s compensation would be diminished by 20%.
Given this legal backdrop, insurance adjusters often adopt a predisposed stance towards comparative negligence. They are inclined to attribute a disproportionately high degree of fault to the plaintiff, affecting the settlement or award outcome.
Consulting a Personal Injury Attorney
Due to insurance adjusters often proposing settlements lower than what plaintiffs might secure in court, it’s important to seek advice from a personal injury attorney prior to accepting any settlement offer. Your attorney will assess your claim along with any offers, ensuring the insurance company is providing a fair compensation.
Should the offer fall short, your attorney has the expertise to initiate negotiations with the insurer, advocating for an adjustment of the settlement to a more just amount. The presence of legal representation may motivate insurers to present a more favorable offer, aware that failing to do so could lead to a court battle.
Nonetheless, it’s not uncommon for insurers to agree to a satisfactory settlement only after a lawsuit is filed and the court process is underway. In such instances, your personal injury lawyer will take the necessary legal actions, diligently striving to establish the validity of your claim and the extent of your damages.
Contact ECD Law Firm Today to Get Your Complimentary Personal Injury Consultation
Attorney Warren Chin and the experienced personal injury attorneys at ECD Law Firm have handled numerous cases involving car and truck accidents, slip-and-fall incidents, product liability, and other personal injury claims in Sarasota County and surrounding areas. Our team has the resources, experience, and dedication needed to fight for your rights and secure the compensation you deserve. Call 941-366-8888 or schedule a meeting with an attorney today using our online form.