Unexpected accidents and injuries can happen to anyone at any time. According to annual statistics for one recent year, over 31,000 Connecticut residents were treated in the emergency department for crash-related injuries alone.
If you have been hurt in an accident in Connecticut, you may be entitled to compensation for your damages. Recovering compensation does not always require going to court. For many types of accidents, you can pursue money for your losses by filing a claim with the at-fault party’s insurer.
Unfortunately, insurance companies often aim to minimize payouts, making negotiating with them difficult. This step-by-step guide will walk you through the process to help you obtain fast and fair compensation for your injuries.
Step 1: Seek Medical Attention Fast
Whether you were harmed in a car accident, slip-and-fall, workplace incident, or any other type of accident, your health should be your top priority. Seeking fast medical care not only ensures your safety but also establishes a clear medical record of your injuries.
Insurance companies will often scrutinize claims that do not have documented medical care right after the accident. If you fail to get medical attention immediately, the insurance adjuster may try to claim that your injuries were not caused by the accident.
Step 2: Gather Evidence
Before engaging in settlement negotiations, you will need solid evidence to support your personal injury claim. Strong evidence helps you build a credible personal injury case and puts you in a better position to negotiate a fair settlement.
Unfortunately, evidence can be lost or destroyed over time. For this reason, it is important to gather evidence as quickly as possible after your injury.
This may include:
- Accident reports: Obtain copies of police reports or any incident reports that document the details of your accident
- Photos or videos: Take pictures or videos of your injuries, the accident scene, property damage, and anything else relevant to the accident
- Witness statements: Get contact information and statements from anyone who saw the accident or its aftermath
- Medical records: Keep detailed records of all diagnoses, medical treatments, prescriptions, and follow-up care; make sure that all your injuries are well-documented
Step 3: Consult a Personal Injury Attorney
Contact an experienced personal injury lawyer as fast as possible after your accident. Insurance companies have teams of adjusters and lawyers working to minimize what they pay you. You can level the playing field by hiring a personal injury accident lawyer.
Consulting a personal injury attorney is highly recommended for several reasons:
- Knowledge of the law: Connecticut personal injury laws can be complex. An attorney will know the specifics of state law, such as comparative fault rules, and ensure that you are maximizing your insurance claim.
- Protection from insurance tactics: Insurance companies are notorious for using tactics like delaying claims or minimizing injuries. A lawyer can protect you from these strategies and advocate on your behalf.
- Negotiation experience: Personal injury lawyers have extensive experience in negotiating with insurance companies and are skilled at recognizing lowball offers
- Trial representation: If negotiations are unsuccessful, having a lawyer means you are prepared for litigation, should the step become necessary
Step 4: Notify the Insurance Company
You should notify the insurance company of the accident. If you hire a legal representative right away, your personal injury attorney can handle all communication with the insurer.
If you choose to contact the insurer yourself, be sure to stick to the facts and avoid admitting fault. Provide basic details, such as the date, time, and location of the accident.
Keep your statement brief and avoid discussing your injuries in detail. Insurance companies will likely try to use these initial conversations against you later, so it is best to keep your comments brief and factual. If more details are needed later on, these conversations are best saved for your lawyer to handle.
Step 5: Understand the Value of Your Insurance Claim
Before you enter into settlement negotiations, it is essential to know the value of your insurance claim.
Take into account:
- Medical expenses: Document costs for ambulance rides, doctor visits, hospital stays, x-rays, surgeries, and medications
- Future medical care: Calculate the cost of ongoing care such as rehabilitation therapy, prescription medications, follow-up appointments, and any other medical treatments you will require
- Property damage: If your personal property, such as a vehicle, was damaged in the accident, include repair or replacement costs
- Lost wages: Determine how much income you have lost due to your injury. Include potential future earnings if your injury prevents you from going back to work for an extended period of time.
- Pain and suffering: These types of damages are more difficult to quantify and can include compensation for emotional distress, physical pain, and reduced quality of life
A Connecticut personal injury lawyer can help you calculate both your economic and non-economic damages. Your lawyer will ensure that the settlement for your claim reflects the full scope of your losses.
Step 6: Write a Demand Letter
The demand letter is a formal document sent to the insurance company that outlines the details of the accident, the extent of your injuries, and the compensation you are requesting.
A well-drafted demand letter should include:
- A detailed description of the accident
- A summary of your injuries and medical treatment
- An itemized list of your economic and non-economic financial losses, such as medical bills, lost income, and pain and suffering
- The total compensation you are pursuing
Since the demand letter is typically the starting point for settlement negotiations, it is important to be specific and thorough when presenting your claim.
Step 7: Expect a Low Initial Offer
Insurance companies often respond to demand letters with a fast and low offer. Their goal is to settle quickly and cheaply.
Try not to be discouraged by this first settlement offer – it is part of the negotiation process. Avoid accepting the first offer if it does not reflect the full value of your insurance claim.
Steps you may want to take after a first settlement offer include:
- Asking the insurance adjuster how he or she arrived at that amount
- Responding with a counteroffer that is closer to the full value of your claim
- Explaining why the offer doesn’t account for your full damages
When you hire a personal injury law firm to represent you, your attorney will guide you through the back-and-forth settlement negotiations to ensure you are fully compensated for your losses. In fact, it’s ideal to let an experienced lawyer handle all such communications.
It is also recommended to keep records of all communications with the insurance company, which can be beneficial in case the negotiation process becomes contentious.
Step 8: Provide Additional Evidence
As settlement negotiations continue, the insurance company may request more information or evidence.
Be prepared to provide the following documentation as requested:
- Updated medical records: If you are still receiving medical care, send your updated records to show the ongoing impact of your injuries
- Expert testimony: In some situations, your personal injury attorney may recommend getting expert testimony from doctors, accident reconstructionists, or economists to strengthen your personal injury case
- Detailed financial records: Be sure to provide detailed proof of lost wages or future loss of income if your injury affects your ability to work
Keeping the dialogue open and acting fast to provide any necessary information can help build trust and move the negotiations forward.
Step 9: Be Patient and Persistent
Insurance companies may try to drag the settlement process out in hopes that you will get frustrated and accept a low offer.
During this stage:
- Remain calm: Even if the settlement negotiations become frustrating, try to maintain a professional tone in all your communications
- Stay persistent: Don’t back down. Follow up with the adjuster regularly and continue advocating for the full value of your insurance claim
- Be willing to compromise: Do not accept an unfair settlement, but be willing to compromise when an offer fairly covers your damages
When you hire personal injury attorneys to handle your case, they will review all settlement offers made by the insurance company and advise you on whether to settle or continue negotiating.
Step 10: Consider Mediation or Arbitration
When negotiations stall, alternative dispute resolution methods such as mediation or arbitration can be invaluable tools in settling your insurance claim. These processes provide a structured environment where an impartial third party can help facilitate a resolution.
Mediation calls for a neutral mediator who helps facilitate a settlement between you and the insurance company. With arbitration, the third party is called an arbitrator and he or she will listen to both sides and make a binding decision. Both options can be effective in resolving disputes without the need for a lengthy court battle.
Step 11: Know When to Accept a Settlement Offer or File a Lawsuit
At some point, you and your lawyer will either reach a fair settlement or hit a roadblock in negotiations.
If the insurance company refuses to provide a reasonable settlement for your claim, your attorney may advise you to file a personal injury lawsuit and take the case to court. In Connecticut, you generally have 2 years from the date of the accident to file a personal injury lawsuit.
Both parties usually prefer to save time and money by avoiding going to court. However, it may be necessary to go to trial when an insurance company refuses to negotiate fairly.
Step 12: Sign a Settlement Agreement and Receive Payment
Once you have agreed to a settlement amount, you will sign a release form. This document states that you are waiving any future claims against the at-fault party or their insurance company related to this accident.
Before signing, make sure the settlement agreement reflects the terms that you agreed on and that you fully understand what you are agreeing to. Personal injury lawyers thoroughly review settlement agreements for their clients, ensuring that they are accurate and protecting their client's rights.
After signing the release form, the insurance company will process payment of your claim. Your attorney will handle outstanding medical bills or liens and ensure that you receive your settlement payment as fast as possible.
Let “The Fast Firm” Help Negotiate a Fair Settlement for Your Personal Injury Claim
If you have recently suffered a personal injury and are overwhelmed with the complexities of insurance negotiations, remember that you do not have to go through the claims process alone. At Gould Injury Law, our team of experienced personal injury attorneys is ready to guide you every step of the way.
We understand the terms of insurance policies and know the tactics adjusters use to minimize payouts. Hiring our fast-acting and experienced personal injury lawyers is one of the best ways to protect your rights and maximize your compensation.
Your attorney will handle all communication with the insurance company, ensure your claim is accurately valued, and provide the guidance needed to navigate this challenging process.
Don’t let insurance companies undervalue your claim. Our law firm prides itself on getting top compensation for our clients – and fast. Call 888-WIN-FAST or complete the contact form to schedule a free consultation.
