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Don’t Be Tempted by that Initial Insurance Settlement Offer

Not everyone experiencing pain the same way. That may sound like a given, but following an accident — when a construction site mishap, a motor vehicle collision or a slip and fall — insurance adjusters are usually quick to swoop in to offer a settlement check — hoping the injured party won’t file a personal injury lawsuit.

Unfortunately for the injured party, that settlement check — although likely quite low — looks great when medical and other bills are piling up after an accident. You may think it’s a good idea to accept the settlement offer and not bother with a lengthy lawsuit. You might think that, but don’t be fooled.

That check is almost always a low-ball offer and it will be available to you in the future, even if you turn it down today. And, even if the adjuster tells you it’s a “take it or leave it” offer. If your injuries were truly caused by someone else’s negligence, you can always choose to settle — when your knowledgeable and experienced personal injury lawyer suggests it’s in your best interests.

However, in most cases, the savvy lawyers at LaDuca Law Firm believe the decision to pursue your legal claim will be far more profitable to you than accepting the initial settlement offer. This is because the immediate settlement check doesn’t take “pain and suffering” into consideration.

How could it? Pain and suffering refers to the long-term impact of your injuries on your quality of life. This is a calculation that cannot possibly be made appropriately until some time has passed, treatment has been completed and a full determination about mental and physical injuries has been finished.

By hiring an aggressive personal injury lawyer, you do two things to strengthen your case:

  1. You let the insurance adjuster know that you aren’t afraid to play hard ball and that you are willing to wait to be appropriately compensated.
  2. You show them that if they aren’t willing to fairly negotiate, you are willing to go all the way for justice — right into court when necessary.

The insurance company’s initial settlement is usually based on a calculation that looks at the monetary losses incurred in an accident (damage to your vehicle or lost wages). More serious injuries are taken into consideration in most cases. However, not always. And, certainly, simple math calculations do not take into consideration the fact that people feel pain differently. If you are suffering from post traumatic stress disorder or anxiety following your accident, the insurance company has no way of properly placing a value on those injuries immediately after the accident.

Legal experts offer the following advice regarding settling your claim: don’t do it until you are certain you are fully healed or are fairly sure you have achieved the maximum amount of recovery. It’s important for your lawyer to be able to determine how your injuries are affecting and will continue to impact your quality of life going forward.

At the LaDuca Law Firm, we will investigate your accident and negotiate tirelessly to get you the settlement you deserve for all of your injuries. When necessary, we won’t hesitate to take your case to court and fight for your right to justice and maximum compensation.

Our Practice Areas


Personal
Injury

  • Personal Injury
  • Birth Injuries
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Defense

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    366 White Spruce Blvd
    Rochester,NY 14623

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