The facts about under-settled personal injury claims

When you’re hurt in an accident, you can make a personal injury claim against the person who is at fault.

How much to claim depends on a few factors and your legal representative would generally value and negotiate the claim based on:

  • The evidence
  • Your financial loses as a result of the accident
  • The care element and psychological aspects of your claim

Why are under-settled cases?

If you are in the process of settling – or have settled – a personal injury claim and feel like you haven’t been compensated fairly, then the case may have been under-settled. Under-settling happens when your claim handler accepts a low settlement due to inexperience or wanting to resolve your case quickly. You may have also been put under pressure to accept the claim.  It’s time to take a step back and allow the specialist personal injury solicitors at Foys to show you why cases are under-settled, and what you can do if you suspect your case has been dealt with in this way.

Reasons why under-settled personal injury claims happen

Under-settled personal injury claims happen due to negligence by your lawyer. In an effort to cut costs and maintain high profits, many firms have taken to using unqualified juniors or claims handlers to manage cases. They may miss crucial evidence, fail to consider all of the possible damages, and even accept the first offer made without trying to negotiate for a higher sum.

In some cases lawyers may look to simply settle cases quickly, usually when they operate on a fixed-charge basis – in this case they look to resolve the case as quickly as possible, no matter the result. This can result in claims being settled for far lower than they should be.

Fighting back against under-settled

As is the case with most things, prevention is better than cure. There are several warning signs that can indicate when a lawyer is likely to under-settle your case, and by looking out for these signs you can protect yourself and ensure you get the money you deserve. Here are some things you can do to avoid being under-settled:

  • Ask about qualifications – Many inexperienced claims handlers may not have the correct qualifications.  Your professional lawyers should tell you who is handling your claim and prove their worth.
  • Be suspicious of the first offer – Lawyers will very rarely accept the first offer, as it can often be a lowball – a deliberately very low offer, often to test the waters. There is no risk to the opposite party from making a lowball offer, so you should be extremely suspicious of any lawyer that suggests you take the first amount offered.
  • Don’t be pressured into settling quickly – There’s no denying the process is stressful, but if you simply settle as quickly as possible then you will likely not get as much compensation. You may also choose to settle when you have made a full physical and psychological recovery from your injury should you begin the process, so that you have all the medical evidence possible.

Don’t risk it

At Foys, we have experience in winning these types of cases for our clients. Our team is comprised of specialist personal injury solicitors rather than inexperienced claims handlers, so you can be sure that your case will be handled professionally the first time around.

To find out more, get in touch using our Online Form – or call your local Foys Solicitors office:

  • Doncaster – 01302 327 136
  • Retford – 01777 703 100
  • Worksop – 01909 500 511
  • Clowne – 01246 810 050
  • Rotherham – 01709 375 561
  • Sheffield (Waterthorpe) – 0114 251 1702
  • Sheffield (Chapeltown) – 0114 246 7609

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