After you have been injured in a car accident, truck accident, or other accident that has caused major injuries, it is important to get fair compensation — not just for the tangible losses you have suffered, like medical bills and lost wages, but also the intangible losses, including pain and suffering. And in severe cases, you might suffer from lasting injuries that could lead to lifelong pain, prolonged future medical treatments, or permanent disability requiring continuous medical care.
Although insurance companies claim that they exist to protect you, the truth is that they are for-profit corporations that have a fiduciary responsibility to their stakeholders, meaning they want to make as much money as possible. And the way they make money is by paying out as little as possible for insurance claims.
Insurance companies may do everything in their power to deny or devalue victims’ claims and minimize payouts, from making lowball settlement offers to attempting to pressure and intimidate victims to accept an unfair payout. If you want to navigate these insurance company tactics, personal injury law firms like Burnett & Williams can help you, thanks to their background and experience in the insurance industry.
Hiring a personal injury lawyer significantly increases your chances of securing fair compensation while relieving the immense stress that follows an accident. Navigating the legal and insurance systems on your own can quickly become overwhelming, especially when you are trying to recover physically and emotionally.
Deep legal expertise & case evaluation
Personal injury law involves intricate statutes, procedural rules, and strict filing deadlines. Experienced attorneys understand how to properly value a claim—factoring in immediate medical bills, future treatment costs, lost wages, diminished earning capacity, and pain and suffering. Without legal knowledge, self-represented victims often drastically undervalue their claims.
Investigative power & evidence gathering
Building a robust personal injury case requires concrete proof of fault and liability. Personal injury lawyers have the resources to:
- Reconstruct accident scenes with expert witnesses
- Subpoena critical evidence, such as surveillance footage and cell phone records
- Secure official police reports and medical records
- Interview witnesses to build an unassailable factual timeline
Leveling the playing field against insurance companies
Insurance adjusters are trained negotiators whose primary objective is to minimize payouts. They frequently use high-pressure tactics or attempt to extract statements that can be used to reduce or deny your settlement. A personal injury lawyer handles all communications on your behalf, preventing costly mistakes and negotiating aggressively to ensure you receive a fair payout. If the insurance company refuses to settle in good faith, your lawyer can file a lawsuit and present your case effectively in court.
Common insurance company tactics to limit settlements that insurance companies use
One of the biggest mistakes a victim can make is accepting the first offer without making a counteroffer. The first settlement offer made by an insurance company is always purposefully low and almost never final. Although obtaining a larger offer will require some back-and-forth negotiations with the insurance adjuster, it is often possible to convince the insurance company to increase the initial amount, sometimes severalfold.
Another common tactic that insurance adjusters use to get victims to accept less than they deserve is to unnecessarily prolong and delay the process. They will sometimes request extensions to deadlines to “review” evidence, medical records, and demands, only to come back with an almost insultingly low offer that feels like it barely considered any of the evidence.
“The hope for insurance companies is that you’ll be desperate and give in to the delay tactics they use by accepting a quick settlement offer,” explains C. James Williams III, principal at Burnett & Williams. “Time is another resource — and one that is unfortunately on the side of the insurance company, not the victim.”
Perhaps the sneakiest tactic insurers may use to undermine your personal injury case, though, is using your words against you. A phone call from the insurance adjuster checking in might seem courteous, but if it’s a recorded statement, it can become evidence. Something as simple as responding, “I’m good,” to a question like, “How are you?” could be used as evidence that you are not really injured or in pain. The same goes for statements like “I’m sorry,” which can be seen as an admission of fault.
How a personal injury lawyer can help you get a fair settlement and maximize your personal injury claim
The reality is that the personal injury claims process is stacked against victims. For those who have never struggled with dealing with insurance companies before, it can be easy to get overwhelmed and confused and make mistakes, which is why it is important to have a personal injury attorney on your side. And if you hire a lawyer with an insurance background, like Williams, you will have someone fighting for your rights who knows how this system works from the other side.
One of the biggest advantages of hiring a personal injury lawyer with a background in the insurance sector as your legal representation is that they will add credibility to the negotiation process. Since they already know the insurance company’s tactics, having used them themselves, they are effectively immune to these ploys. The insurance adjusters know that these experienced attorneys will see right through their tricks, and they risk losing more if they do not offer a fair settlement and your case goes to trial.
That being said, not every personal injury claim is resolved with a settlement. Sometimes, your attorney will not reach an agreement with the insurance company on a settlement that all parties think is fair. When this happens, your case will go to civil court to be heard by a judge and/or jury, and it is in these instances that having an attorney with an insurance background can be particularly useful. Lawyers who have worked for the insurance companies often have years or even decades of trial experience, which can come in handy to successfully argue your case.
Hire Burnett & Williams to be your personal injury law firm
“If you or a loved one has been injured in an accident in Virginia and wants to hire an experienced personal injury attorney with an insurance background, contact Burnett & Williams today,” concludes Williams. “We will review your case and determine whether we are the right fit to help fight to get you full compensation for your personal injury case.”