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Negotiating with Insurance Companies

Updated: Aug 2


A serious injury lawyer discusses a settlement offer with a client while reviewing insurance documents in a quiet, professional office setting.

After an accident, one of the first calls you’ll probably get is from an insurance company. They might seem friendly. They might ask how you’re doing. They might say they’re just trying to help.But here’s the truth: insurance companies are not on your side.

Their job is to pay as little as possible—even if you’re hurt, out of work, and struggling. That’s why serious injury lawyers step in. They know how to deal with insurance companies, and they don’t back down.

In this article, we’ll talk about how those lawyers help with negotiating, what insurance companies really want, and what you can do to protect yourself.


Why You Shouldn’t Go It Alone

After an accident, most people aren’t thinking about legal stuff. They’re in pain. They’re stressed. They want to heal and move on.

Insurance companies know that. And that’s when they make their move.


They might offer you money quickly. They might ask you to sign something. They might say you don’t need a lawyer. But if you take that offer too fast, you could lose out on a lot more.

Serious injury lawyers know the game. They know what your case is worth and how to push back when insurance companies try to lowball you.


What Insurance Companies Want

Insurance companies are businesses. That means they care most about saving money—not helping you.

Here’s what they often try to do:

  • Settle fast for a small amount

  • Get you to say something that can hurt your case

  • Make you think you don’t need a lawyer

  • Delay the process so you give up

  • Deny the claim if they think they can get away with it

That’s why negotiating with insurance companies is not something you want to do alone—especially if you’re dealing with a serious injury.


What Serious Injury Lawyers Do

When you hire a serious injury lawyer, they take over all the communication with the insurance company. That means no more phone calls, no more pressure, and no more stress on your end.

Here’s what they do instead:

  • Gather all your medical records and bills

  • Figure out what your case is truly worth

  • Write a demand letter (this explains what you’re asking for and why)

  • Negotiate back and forth with the insurance adjuster

  • Protect you from saying something that could hurt your case

  • Push for a fair settlement—and take the case to court if needed

It’s not just about getting you money. It’s about making sure you’re treated fairly and with respect.


What a Demand Letter Looks Like

One of the first steps in negotiations is writing a demand letter. This is a formal letter your lawyer sends to the insurance company.

It usually includes:

  • A clear summary of what happened

  • Your injuries and how they’ve affected you

  • Medical costs so far (and what’s expected later)

  • Proof of lost wages

  • Pain, suffering, and emotional stress

  • The total amount of money being requested

This letter is the starting point for negotiations. It puts everything in writing and shows that you’re serious.


How Insurance Adjusters Respond

Once the demand letter is sent, the insurance company usually replies with an offer. Most of the time, that first offer is much lower than what you asked for.

It might feel insulting. But don’t worry. That’s just the way it works.

Your lawyer expects that. They’ll review the offer, talk it over with you, and then go back with a counteroffer. It’s a back-and-forth process that can take weeks or even months.


An attorney and client sit together at a desk, going over insurance paperwork and discussing negotiation strategies after a serious accident.

What Makes a Case Worth More?

Not every injury case is the same. Some people get small settlements. Others get large ones. Here are a few things that can increase the value of a case:

  • Serious or long-term injuries

  • Lost ability to work

  • High medical bills

  • Emotional distress

  • Permanent disability or scarring

  • A clear case of fault (like a drunk driver or unsafe property)

Your lawyer knows how to calculate all of these things and explain them clearly to the insurance company.


Common Tricks Insurance Companies Use

Insurance companies are smart. They’ve handled thousands of cases. They use all kinds of tricks to avoid paying what they should.

Here are some common ones:


“This is our final offer.”

Not true. Your lawyer can usually keep negotiating.


“You don’t need a lawyer.”

They say this because lawyers make them pay more.


“We just need a quick statement.”

They might use what you say against you later.


“You waited too long to file.”

This might be true in some cases—but it’s not up to them to decide.

A serious injury lawyer knows how to respond to these tactics and protect you from being misled.


Settling vs. Going to Court

Most injury cases settle before going to court. That’s often a good thing. It means you get your money sooner and avoid a long trial.


But sometimes the insurance company won’t budge. If they refuse to offer something fair, your lawyer may recommend filing a lawsuit.

Going to court takes more time, but sometimes it’s the only way to get the justice you deserve.


What You Should Never Do Alone

If you’ve been in a serious accident, here are a few things you should never do on your own:

  • Sign anything from the insurance company without talking to a lawyer

  • Accept a settlement before knowing your full medical costs

  • Give a recorded statement

  • Guess about your injuries or say “I’m fine”

  • Post about your case on social media

Even a small mistake can hurt your case. Your lawyer will guide you every step of the way so you don’t have to guess.


How Lawyers Handle Denials

Sometimes, insurance companies deny a claim completely. That doesn’t mean it’s over.

Serious injury lawyers can appeal the denial, file a lawsuit, or demand arbitration. They’ll gather stronger evidence, bring in experts, and build a stronger case.

Just because an insurance company says “no” doesn’t mean it’s the final word.


A personal injury lawyer reviews insurance documents with a client, explaining settlement options in a calm and focused office environment.

Civil Rights and Special Cases

Some injury cases involve civil rights. That might include:

  • Police misconduct

  • Jail injuries

  • Discrimination

  • Unsafe public spaces

These cases are harder to win and often take longer. But they’re important. Lawyers who work in this field are not just fighting for you—they’re standing up for justice.


The insurance companies in these cases may represent government agencies, and they’ll try extra hard to shut down your claim. That’s why having an experienced legal team really matters.


What You Can Do to Help Your Case

You don’t have to be a lawyer to help your case. There are simple things you can do to support the process:

  • Go to all your medical appointments

  • Follow your doctor’s advice

  • Keep a journal of how you feel each day

  • Save all bills and receipts

  • Don’t post details about your case online

The better your records, the stronger your case will be. And the more your lawyer has to work with, the better they can negotiate on your behalf.


Real Client Example

“I was rear-ended at a stoplight, and my back was never the same after that. I tried dealing with the insurance company on my own, but they kept giving me the runaround. A friend told me to call a lawyer, and I found someone who really cared. They took over everything—the calls, the paperwork, all of it. I didn’t have to deal with the insurance people anymore. In the end, we settled for way more than they offered me at first. I’m so glad I didn’t try to do it all myself.”

– James P., Anaheim, CA


What Happens After You Settle?

Once a settlement is reached, you’ll sign a form saying you agree to the amount. That means you can’t ask for more later, even if new medical issues come up.

That’s why it’s important not to settle too fast. Your lawyer will help make sure you get enough to cover everything—not just what’s already happened, but what might happen in the future too.


Once everything’s signed, the insurance company will send the money. Your lawyer will make sure medical bills get paid, then you’ll get your check.


What If You Can’t Afford a Lawyer?

Good news: serious injury lawyers work on a no-win, no-fee basis. That means:

  • No money upfront

  • No hourly charges

  • They only get paid if they win your case

It’s called a contingency fee, and it means you can afford top legal help—even if you’re out of work or behind on bills.


Final Thoughts

Negotiating with insurance companies is no small task. It takes patience, skill, and a deep understanding of how these companies work. They are trained to pay you as little as possible. But when you have a serious injury lawyer on your side, the game changes.


You don’t have to argue with adjusters. You don’t have to guess what your case is worth. You don’t have to feel pressured or confused.

Let your lawyer do the talking. Let them fight for what’s fair. And focus on what matters most: healing and getting your life back.

 
 
 

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