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insurance settlement negotiation

How to negotiate an insurance settlement

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Should I negotiate my own insurance settlement?

If you have an insurance settlement offer you may be able to successfully negotiate a better settlement for yourself.  Your best chance is if your total damages are relatively small or your claim is with your own insurer. Here are some tips.

  • Don’t accept the first offer. Insurance companies often make low-ball offers.
  • If they believe the injury has created a financial hardship they may believe you will jump at their first offer.
    • Do what you can to cover your expenses during this time. Consistently maintaining health insurance will go a long way toward easing the financial burden of medical expenses.
    • Also, if your income has stopped or greatly reduced, consider taking advantage of any sliding scale pricing available from your medical providers. Don’t be afraid to ask.
    • Another source of financial help for medical costs are manufacturers of costly drugs. They often have special pricing available for people who can’t afford their drugs.
    • If you were in an auto accident take full advantage of any coverage you may have through your own insurance company. Check out the declarations page for coverages such as PIP (Personal Injury Protection) or underinsured motorist. They both offer coverage for your medical bills and generally are paid promptly.
  • If your claim is with your own insurance company, they will probably name your policy limits and provisions to justify their offer.
    • Make sure you know all of the provisions of your policy and ask questions of your agent if you can. In-house agents who only represent one insurance company may not be very helpful but independent agents will want to keep your business.

What is contributory fault or negligence?

Washington State has a contributory fault or contributory negligence law and the insurance adjuster may have information that leads her to believe that you were partly at fault. So, for instance, let’s say your medical bills and pain and suffering total $25,000 by their calculation. If they believe that you were 20% at fault for your injuries they will offer $20,000. All is not lost, however.

  • Ask them to document the contributory fault. That may be enough to bring the offer up.
  • If not, get your own evidence to counter their evidence. This will usually involve eyewitnesses.
    • If you are not up to the task of tracking witnesses down and questioning them about what they saw, recruit friends and family to do it for you.
    • Make sure you and the witnesses thoroughly understand what they will say to the adjuster once he asks questions. Play devil’s advocate with them.  Ask questions that probe any weaknesses or alternative interpretations of what they say. Their statements may sound great to you but once an experienced adjuster starts asking questions they may not be much help.

Put our personal injury attorneys’ 40 years of experience to work for you.

Often, however, it takes a law firm to effectively advocate for the insurance company to give you the compensation you deserve.  Call or message us for a free case review. We’ll thoroughly review the facts and if we believe we can help you get fair compensation. We stand ready to fight for you.  We know all the insurance companies’ playbook and we know how to counter them.

John Groseclose
John Groseclose, personal injury, family law attorney

Chalmers Johnson

Chalmers Johnson, personal injury attorney, employment law

GSJones Law Group, P.S.

Personal Injury Attorneys

Personal injury attorneys

Injured and feeling helpless? Put our experienced personal injury attorneys to work for you.

Contact one of our personal injury attorneys if you or a loved one has been injured by the actions or inactions of another person. You need to concentrate on recovery right now. While you heal, let one of our personal injury attorneys concentrate on getting justice for you. Put our decades of experience and aggressiveness on your case. We’d love to sit down with you to talk over your situation. If you are not well enough to come to our offices, we are happy to visit you.

In the meantime, here’s some free advice, based on decades of experience.

  • Above all else, make sure you get the care you need.
  • Secondly, don’t rush into a quick insurance settlement.
  • You may be overwhelmed by some of the most crucial decisions of your life. The best thing you can do is reach out for the help you need.
  • Your pain and emotional hurt may make it more difficult to find the best options.

At GSJones Law Group, P.S. we stand ready to guide you through the process and fight like a tiger for what you need. In addition, we get paid when you get paid.

Our personal injury attorneys fight like tigers for you

They know the system, the opposing lawyers, and the judges. As a result, we have worked with clients injured by a wide spectrum of accidents and situations.

  • Auto accident.
  • Pedestrian accident.
  • Bicycle accident.
  • Motorcycle accident.
  • Boating accident
  • Drunk driver accident
  • Accident involving an uninsured or underinsured motorist (UI/UIM)
  • Medical malpractice
  • Excessive force by law officers
  • Wrongful death
  • Premises liability situations (slip and fall)
  • Elevator or escalator accident
  • Accidents causing serious injuries, including bone fractures, neck injury or back injury
  • Accidents causing catastrophic injuries, including spinal cord injury, traumatic brain injury (TBI) or burn injury
  • Fatal accidents

Our great personal injury attorneys:

  • Evaluate your case
  • Provide practical advice to help you protect yourself and your rights
  • Evaluate your medical reports
  • Investigate your accident to determine liability
  • And, negotiate with insurance companies

We prepare every case as if for trial. That preparation puts you in a better bargaining position in settlement talks. And, if need be, we are ready to take your case to court. When necessary, we file bad faith claims against insurers who fail to offer you a fair settlement.

We understand your needs after injury

Paying your medical bills is probably at the top of your worries. We completely understand and go into action immediately. Your medical treatment must be uninterrupted. In addition, we know that our clients need compensation for other expenses and losses. These losses may be wages, property, or pain and suffering. We have the experience to evaluate accident reports and medical files. We can advise you through the difficult decision ahead. GSJones Law Group, P.S. has a track record of successful outcomes. We are ready to advocate zealously on your behalf.

Understand your rights after a serious accident resulting in injury with a free consultation with John Groseclose or Chalmers Johnson. Call GSJones Law Group, P.S. today for an appointment with an experienced personal injury attorney regarding your accidental injury. From our offices in Port Orchard and Bainbridge Island GSJones Law Group, P.S. provides full service to communities including Bremerton, Gig Harbor, Silverdale, and the area Naval facilities.

Call or message us today for a free assessment of your case.

What happens in a typical personal injury case?

1: Get as much information as you can as soon after the accident as possible. If you can’t do it yourself, enlist the help of family and friends. Most importantly, get names and contact information of witnesses and those involved. Take photos. Write down what happened as soon as you can so that you can capture details. If this is an on-going issue, keep a daily log.

2: Get medical treatment. If you have been injured, take care of yourself first and foremost. As you do this, you create evidence that will be used to determine the extent of your physical injuries. Don’t stint on this.

3: Find a good attorney with plenty of experience in both settling and trying personal injury cases. We have excellent lawyers with more than 40 years of experience. Nevertheless, consult with more than one attorney about your case to find a good fit.

4: The lawyer begins the investigation. The first step is getting all the information you have, as well as personal, financial, and medical background information. One of the biggest tasks is getting all your medical records and reviewing them.

5: Determination of viability. Once the attorney has reviewed all the information, she will make a determination about whether or not she believes your case is viable.

Moving forward

6: Attempting a settlement. If your attorney determines that the case is strong, she will probably make an attempt to settle it. Two factors determine when she begins settlement talks. The first is whether or not your healing is complete. Until that time, it is difficult to estimate or document the extent of your injuries and losses. Often, however, settlement or a lawsuit must go forward sooner than ideal because financial needs are great.

7: File a lawsuit. If no fair settlement results, your attorney will prepare for filing a lawsuit. He must file within the statute of limitations. In Washington state, the statute of limitations for most personal injury cases is three years. It will often take as long as two years before the case comes to trial. But, fear not, there are other opportunities for settlement before trial starts.

The final steps

8: Discovery begins. During discovery, your lawyer will demand that the other parties reveal their defense and the evidence they plan to use. She will also demand evidence that you need to prove your case that the other party has. The other party makes the same demands as you. Expect interrogatories, or written questions than demand written answers; demands for documents; and depositions. You will doubtless go to an attorney’s office with your attorney. There, after swearing in you will answer questions put to you by the other party’s attorneys. It will be recorded. Allow about a year for this process.

9: Mediation and Negotiation. Toward the end of discovery, the lawyers may attempt settlement. In fact, between 80% and 95% of personal injury cases are settled before trial. And, settlements can take place even after trial has begun.

10: Trial Begins. Most of these cases are tried before a jury, so the first step in the trial is seating the jury. A trial can take a day, a week or longer, depending on the complexity of the case and the number of parties.

More information

Litigators won $332,000 verdict

How to negotiate an insurance settlement

Make an appointment today with one of our personal injury attorneys.

Call or message us for a consultation about your injury case.

Based in Port Orchard, WA with a branch on Bainbridge Island, GSJones Law Group, P.S., represents Kitsap County injured residents, as well as clients from throughout surrounding counties and communities. Among the communities are Gig Harbor, Bremerton, Silverdale, Seabeck, Belfair, Banner, Olalla, Poulsbo,  Bethel, Navy Yard City, Fernwood, Purdy. Clients also come from Bainbridge Island and Vashon Island, as well as surrounding areas in Mason County, and Jefferson County.