When you receive a settlement offer from the insurance company, the first thing you should do is make sure it will fully cover all of your damages, even future expenses. If the settlement amount seems low, a couple of pressing questions may race through your mind: What if my medical bills are more than my settlement? Can I negotiate for more?
At Sargon Law Group, we are here to answer these questions and help you secure the settlement you rightfully deserve after a harmful accident.
Should You Negotiate a Personal Injury Settlement?
It’s usually worthwhile to negotiate for better compensation if your medical bills are more than your settlement. An insufficient settlement often indicates that the insurance company overlooked important evidence or is attempting to lowball you. Continuing the negotiations can help address these issues and ensure you receive the compensation you deserve.
If you are not yet sure how expensive your medical bills will be, compare the settlement offer to Arizona’s average car accident medical bill amounts. This comparison can help you determine whether to pursue negotiations or file a lawsuit.
It can be scary to reject a settlement offer when you are facing financial hurdles after an accident. You might feel tempted to take whatever you can get as soon as possible. Try to remember that negotiation is not just about chasing a higher settlement – the goal is to get what you deserve.
You never have to approach a negotiation by yourself, either. Your personal injury attorney can be at your side the entire tim,e or they can tackle the entire process on your behalf. You never have to talk to the other party’s insurance company if you do not want to.
What Damages Should You Receive in a Personal Injury Settlement?
When another person’s negligence causes you to suffer any economic or non-economic losses, they owe you compensation. Personal injury law refers to these losses as “recoverable damages.” Examples of recoverable damages after an accident include:
- Medical bills
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
Before accepting a settlement, make sure you are getting compensation for all of these damages if they apply to you. If your medical bills are more than your settlement, it may mean that the insurance company is completely overlooking certain damages you qualify for. Worse yet, they may be purposefully hiding those damages or sweeping them under the rug to avoid paying you what they owe.
How Much Is Typically Awarded for Pain and Suffering?
The amount awarded for pain and suffering can vary widely, typically ranging from a few thousand dollars to tens of thousands of dollars. The payout depends on the severity of the case. For minor accidents, the compensation may be on the lower end, while life-altering injuries often result in significantly higher amounts.
When negotiating with the insurance company, don’t discount that physical pain, emotional suffering and mental anguish can impact your life just as profoundly as physical injuries or financial losses. For example, you might need prescription medication to manage chronic pain. Likewise, emotional trauma might require therapy to help you move on.
That is why it is so important to work with an experienced attorney and certified experts who can accurately evaluate your pain and suffering. These valuations can become solid evidence that supports your claim during settlement negotiations.
Do You Have To Pay Medical Bills Out of Your Settlement?
You do not necessarily have to pay for medical bills out of your personal injury settlement. The party who pays for your medical bills is usually your health insurance provider. This ensures that you can receive necessary medical treatment even if it takes a while to secure a settlement from the party who caused your accident.
However, if your health insurance pays for your medical bills, they may require you to pay them back after you get a personal injury settlement. Your legal team can advocate for you during this process, possibly reducing the amount you will owe to your health insurance provider.
If your medical bills are more than your settlement, you also have the option of negotiating with your medical provider. They may agree to reduce your bills or set up a payment plan based on your circumstances.
How Does Fault Affect Your Settlement?
If your medical bills are more than your settlement, it may be because the insurance company is trying to pin some of the fault for the accident on you. Arizona adheres to a comparative negligence system, which impacts how compensation is calculated in personal injury cases. This means that the amount of compensation you can receive for an accident decreases in proportion to how much your actions contributed to it.
To make sure your settlement is sufficient to cover your medical bills, it is important to present evidence that demonstrates the other party’s fault while showing that you were not responsible for your own injuries. Your personal injury lawyer can conduct a thorough investigation into the accident and utilize the evidence in a strategic way that most benefits your case.
Can You Reopen the Lawsuit if Your Settlement is Insufficient?
You typically cannot reopen a lawsuit after a settlement. This is because most settlement agreements include a “release of liability” clause. Signing the agreement means you forfeit the right to pursue further compensation for the same accident.
There are exceptions, though, and you might have options if it turns out that your medical bills are more than your settlement. The court may reverse the settlement if you can prove that the other party committed fraud, if they coerced you into accepting an unfair offer or if new evidence comes to light.
Call Sargon Law Group if Your Medical Bills Are More Than Your Settlement
Don’t settle for less than you’re owed. If your medical bills are more than your settlement, you have options. Let our lawyers at Sargon Law Group help you protect your rights and secure the financial recovery you need to move forward. Contact us today for a free consultation.