May 19, 2024

What Can Stop a Personal Injury Claim from Settling?

If you’ve been injured by another’s reckless or negligent actions, your top priority is recovering. This means settling your injury claim as soon as possible. Unfortunately, this process isn’t always so simple, which leaves you wondering, “What can stop a personal injury claim from settling?”

Unfortunately, there are a few reasons, which could mean your personal injury claim will need to go to court. If you’re concerned that your claim won’t be handled simply, seek out an experienced lawyer from Greenstein & Milbauer, LLP. Our attorneys will fight for your compensation, even when the other side is balking on the settlement.

When Your Insurer Won’t Settle

Unfortunately, a major obstacle that many injured people run into is their own insurance company, especially in the case of car accidents. Although New York has no-fault laws—meaning that your insurance will cover your damages regardless of fault—the insurer might not be so willing to settle.

Insurance companies are for-profit businesses, and those profits will likely take priority over your settlement. In order to reduce losses, your insurance provider might lowball your settlement, for example, claiming that the amount is the maximum available. If this has happened to you, you might need to take your insurer to court for the full compensation you deserve.

In other cases, however, a lack of a settlement might be due to the severity of your injuries. If you suffered more than $50,000 of damages, or a serious injury, such as a permanent impairment, you could be entitled to a personal injury claim for the full worth of your compensation.

When the Other Party Blames You

Sometimes, it’s not the insurance company that prevents you from settling. In some cases, the other party might claim that they weren’t at fault. Worse, they might blame you. For example, if you were injured on another person’s property, they might claim you weren’t acting with reasonable care, or they might say the injury didn’t happen on their property at all.

New York recognizes comparative negligence, which means that your compensation could be reduced if you’re found even partially at fault. When this happens, you’ll need to fight back for your full compensation. Having a personal injury lawyer on your side can be invaluable in these cases.

File a Claim When They Won’t Settle

Unfortunately, not every claim is as simple as reporting your injury and receiving a settlement from the insurer or other party. Although settling out of court is preferable, you might need to fight back for your compensation in court.

What can stop a personal injury claim from settling? Often the insurance company is looking to reduce costs, and will try to reduce the settlement amount or even avoid paying it at all. That’s where a lawyer from Greenstein & Milbauer, LLP can help.

Our experienced attorneys can help you fight back when an insurance provider won’t settle, starting with a free consultation to review your claim before you file or sign anything. Get started by calling 1-800-VICTIM2 (842-8462) or by completing the online form below

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