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How A Lawyer Negotiates a Settlements With Insurance Adjusters

Seth Harris

Last modified on June 22, 2023

Did you suffer an injury in an accident that wasn’t your fault? Are you seeking compensation for your losses through an insurance claim? If so, you might face negotiations with the insurer. Negotiating settlements with insurance claims adjusters is crucial when pursuing financial relief for personal injuries. In this blog post, the legal team at Harris, Keenan & Goldfarb will explain the factors involved in calculating injury claims, how to spot low-ball offers, and why hiring a lawyer can make a significant difference in the outcome of your case. 

Understanding the Settlement Process

Before discussing negotiation strategies, it is essential to understand the basics of the settlement process. When you file an insurance claim for personal injuries, insurance claims adjusters become crucial to the outcome of your case. Their primary objective is to settle the claim quickly and for as little compensation as possible. Insurance claims adjusters may use tactics to minimize or deny a claim altogether. This is where your knowledge and preparation become crucial to obtaining a fair outcome.

How Insurance Companies Calculate Injury Claims

Insurance companies examine various pieces of evidence when determining the value of injury claims, such as medical records, hospital bills, and other documentation related to the injuries sustained. Insurers will also consider the severity and impact of the injuries to calculate economic and non-economic damages, also known as compensation. Economic damages encompass medical expenses, lost wages, and property damage, while non-economic damages cover intangible losses like pain and suffering, emotional distress, and loss of consortium. Understanding these factors can help you better assess the worth of your claim and negotiate accordingly.

Gathering Evidence and Building a Strong Case

Effective negotiations require a robust case supported by compelling evidence. Collecting evidence without the help of a lawyer can be daunting, especially while healing from injuries. If you hire an attorney to help, they may gather the following evidence:

  • Your medical records
  • Accident reports, such as a police accident report 
  • Statements from witnesses who saw the accident that injured you 
  • Expert testimony from medical professionals, accident reconstruction professionals, and others who can discuss the extent of your injuries and their future implications 
  • Documentation of how the injuries have impacted your daily life 

Negotiating With Insurance Claims Adjusters

Negotiating with insurance claims adjusters requires skill, knowledge, and tenacity. A personal injury attorney with a thorough understanding of applicable laws and experience standing up to insurance companies can help. Here are some of the steps involved in negotiating with insurance adjusters: 

  • Prepare a strong demand letter outlining your case and specifying the compensation you seek.
  • Establish credibility by presenting evidence, explaining the damages suffered, and providing proof of the costs incurred. 
  • During negotiations, be professional and emphasize your willingness to cooperate. Patience and persistence are critical, as negotiations can take time. Remember, every communication and interaction with the claims adjuster can impact the final settlement, so choose your words carefully.

How to Spot a Low-ball Offer

Insurance companies may attempt to settle claims quickly by making low-ball offers. These are settlement offers that significantly undervalue your injuries and damages. If an offer seems unreasonably low compared to the extent of your injuries and the losses incurred, it is likely a low-ball offer. Should you receive one of the following offers, seek legal advice to evaluate the offer’s fairness and explore counterstrategies: 

  • Offers that do not cover your medical expenses
  • Offers that fail to consider non-economic damages, including pain and suffering, emotional distress, and loss of enjoyment of life 
  • Offers that come early in the negotiation process

Seeking Legal Representation

Negotiating with insurance claims adjusters can be challenging without legal help. Hiring a personal injury lawyer is highly recommended, as they possess the knowledge and experience to advocate for your rights effectively. A skilled lawyer can assess the value of your claim, negotiate on your behalf, and protect you from unfair settlement practices. They are well-versed in the tactics employed by insurance companies and can counter low-ball offers with compelling arguments and evidence.

Contact Our Personal Injury Lawyers Today 

Negotiating a settlement with insurance claims adjusters requires knowledge, preparation, and effective communication. Understanding how insurance companies calculate injury claims, spotting low-ball offers, and seeking legal representation can significantly enhance your chances of securing a fair settlement. If you find yourself in a situation where negotiation is necessary, don’t hesitate to contact a reputable personal injury lawyer with Harris, Keenan & Goldfarb. We can guide you through the process and help you seek maximum compensation.

Over $500 Million in Verdicts and Settlements

Our track record showcases over $500 million won for our clients. Each victory underlines our commitment to justice and client care. Explore our impact, case by case.

VERDICT

$17,500,000

A Brooklyn jury awarded Mr. Vargas $17.5 million for the City of New York’s violation of his civil rights for failing to provide him medical care while in custody. The jury found that the police officers involved failed to provide the necessary medical treatment and awarded $17.5 million to Mr. Vargas.

VERDICT

$4,730,398

Harris Keenan & Goldfarb partners Seth Harris and Sheri Holland obtained a $4,730,398.00 jury verdict on behalf of our client who tripped and fell at a private apartment building in the Bronx, suffering a broken foot that developed a very painful, permanent neurological condition called Reflex Sympathetic Dystrophy (“RSD”).

VERDICT

$12,561,772

A Bronx jury awarded John Doe over $12 million for an accident on a construction site. John Doe was working when a piece of scaffold weighing 35 pounds fell, striking John Doe in the lower back. John Doe suffered a herniated disc requiring surgical removal of a portion of the disc and permanent nerve damage.

VERDICT

$10,500,000

A Bronx jury awarded $10.5 million to the mother of Malcolm Ferguson, who was wrongfully shot and killed by the New York City Police Department. The police officer, Louis Rivera, also a defendant in the case, was found to have used excessive force in violation of Malcolm Ferguson’s civil rights as protected under the United States Constitution.

VERDICT

$4,000,000

A Bronx jury awarded plaintiff William Cardoza $4 million for injuries caused by the use of excessive force during an arrest. During the arrest, Mr. Cardoza was pepper-sprayed and repeatedly hit with a police nightstick. As a result, Mr. Cardoza sustained injuries to his hand and finger.

VERDICT

$3,470,670

The firm’s client, a 33-year-old teacher’s assistant, was scalded by an espresso machine that exploded while the defendant’s employee was demonstrating how the machine worked. The client was a customer at the defendant’s coffee shop on the date of the accident and suffered first-degree burns to her right (dominant) hand.

VERDICT

$4,000,000

The firm represented the mother- decedent and her infant son. During the decedent’s admission to the defendant hospital, the defendant dispensed anesthesia during an epidural to the decedent in an inadequate manner. The mother-decedent suffered personal injuries and wrongful death due to the defendant’s failure to properly administer epidural anesthesia.

VERDICT

$3,823,000

Mr.Brennan fell from approximately 25 feet while working on a construction project. He suffered a shattered bone in his right leg requiring surgery and hardware placement. Mr. Brennan also suffered two fractures in his facial bones, and a dislocated finger requiring surgical repair.

VERDICT

$2,750,000

The firm’s client was a child with cerebral palsy who was injured as a result of medical malpractice. The firm’s clients claimed improper management of pregnancy, labor, and delivery resulting in brain damage, and received a Brooklyn personal injury settlement.

VERDICT

$1,677,835

The firm’s client, a 63-year-old mentally incompetent man, slipped and fell in his own urine while attempting to walk to the bathroom at the defendant’s senior citizen home. The client fractured his hip and as a result is confined to a wheelchair for the rest of his life. The client claimed that the staff of the home failed to properly care for him, and the jury awarded $1,677,835.

VERDICT

$2,995,000

The firm’s client, a 47-year-old male, slipped and fell on a public sidewalk in the Bronx. It had snowed four to five days prior to the date of the accident, and the sidewalk was covered with ice. The client suffered a lumbar fracture and a herniated disc. The jury found the city liable and awarded the client a $2,995,000 personal injury settlement in the Bronx.

VERDICT

$2,610,000

A Bronx jury awarded plaintiff Luis Molina $2.61 million for injuries sustained when he fell down a subway station stairway. Mr. Molina was caused to slip and fall as a result of a plastic bag that had blown onto the steps from a street opening. As a result of the fall, Mr. Molina suffered a herniated disc and a tear of his right shoulder’s rotator cuff. The jury found that the NYC Transit Authority was liable for the accident.

VERDICT

$2,253,714

A Bronx jury awarded Ms. Colon $2.25 million for a trip and fall accident. Ms. Colon was caused to fall when she moved to the right to allow another pedestrian to pass, and her foot rolled to the outside due to the sidewalk being unlevel with the adjoining grass. The jury found the defendant liable and awarded Ms. Colon $2,253,714.00 for her pain and suffering.

VERDICT

$1,900,000

A Brooklyn jury awarded Arvella Floyd $1.9 million for a fractured wrist which required multiple surgeries, including an open-reduction internal fixation and a carpal tunnel release. Ms. Floyd was injured when the hot water knob of the shower fell off after numerous complaints to the superintendent, and scalding water spewed toward her, causing her to
fall and break her wrist.

VERDICT

$1,350,000

A Bronx jury awarded plaintiff Juanita Young $1,350,000 for injuries caused by the use of excessive force during an arrest. During the arrest, Ms. Young, who is legally blind, was handcuffed from behind, with her children watching, and taken to the top of the stairs to exit the building. The officer proceeded to push her down the stairs multiple times.

What Our Clients Say About Us

Angelo Del GuercioAngelo Del Guercio
20:03 11 May 24
Horrible people. I lost complete confidence in this firm. Attorneys dragged their feet for 4 years and my mom died before a settlement could be reached. I advised them several times that my mom was sick to put fire under their feet but the effort was to no avail.
david Santiagodavid Santiago
18:05 21 Mar 24
Maria RoqueMaria Roque
20:49 15 Mar 24
Excellent person, very Professional, they assist you in any language, your call is always answered. I recommend you for any case of support you have, your refund is satisfactory. and fast
S SS S
14:09 02 Mar 24
I am completely satisfied, and recommend Harris Keenan & Goldfarb as Attorneys to represent anyone. Their care for me physically, and overall helped me stay strong in spite of my injuries. Always available to answer questions, and inform.They got me Justice, and achieved a substantial outcome for my case.I am very impressed, and thankful for their outstanding performance on my behalf.I am very pleased, and significantly satisfied with their representation.‐-Sherylon Wilkins
Robert LennonRobert Lennon
15:26 21 Feb 24
Patient and diligence is how I describe the effort of HKG the work was thorough, honest and fair, I have no complaints. Special thanks to attorney Blake and his paralegal Thierry.
Gene Matos (fanboye)Gene Matos (fanboye)
18:48 15 Jan 24
I first crossed paths with Seth Harris when serving jury duty many years ago. He was so professional and personable, that when my mom was seeking legal counsel for medical malpractice, I told her she had to reach out to his firm. We had meetings with a few different firms, but Harris Keenan & Goldfarb was the only firm that did not try to get us to sign paperwork before even meeting. They took the time to listen and understand our situation before we signed anything, and they were transparent and responsive the whole time. I would like to give special thanks to Samantha Walton, Marla Stein, Val Wallace and Seth Harris for helping my mom through this tough time. They were honest and upfront, and even though Seth Harris wasn't personally on the case, he took the time to meet with us and give us his thoughts on it.
Solange IsaacSolange Isaac
17:52 08 Jan 24
I am pleased with the services provided by Ms Sheri on my case. The team at Harris, Keenan, & Goldfarb were very nice and explained everything to me. Everything that I had questions on they answered without frustration and were prompt and knowledgeable.6 years ago I had a slip and fall accident at my employers place of business. I reached out to them because I knew that I was being wrongfully treated. They took care of the case, restored my self confidence, and brought so much peace to my problem riddled life.I can recommend without a shadow of a doubt the services of Harris, Keenan & Goldfarb to anyone who is in need of someone who will have your back!
Brittany DempseyBrittany Dempsey
16:02 08 Jan 24
My mother had an accident with her ankle back in 2019. I immediately contacted Harris, Keenan & Goldfarb on the day of the accident. They were extremely prompt and helpful. They attended to my mother's case beautifully and she's been recovering well. I'd like to thank you for being so diligent, kind and above all professional. I'd recommend this law firm to anyone who are injured and in need of legal assistance. My mother, Andrea, and I thank you for everything.
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Frequently Asked Questions

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