If you’ve been injured in Indiana, dealing with an insurance company can be a frustrating and often overwhelming experience. Adjusters may seem friendly, but remember, their priority is maximizing profits for the insurance company. Here are the top five mistakes people often make when trying to settle their Indiana injury case—and why avoiding these mistakes can be crucial in maximizing your compensation.
1. Trusting the Insurance Adjuster’s Assessment of Your Claim
Insurance adjusters frequently tell injury victims that they have no claim or that their claim isn’t worth pursuing. If an adjuster tells you, “Your case doesn’t qualify for compensation,” it’s essential to understand who they’re working for. Insurance companies operate with a primary goal: paying out as little as possible on claims. Adjusters are often trained to sound helpful and sympathetic, but they’re protecting the company’s interests, not yours.
Example: We’ve had cases where clients were told they didn’t have a valid claim because, “The client should’ve been paying better attention,” or “It was raining, so they should have been more careful.” Adjusters often push these statements, but they don’t necessarily reflect Indiana law or a fair assessment of the incident.
An experienced attorney can review your case and confirm the validity of your claim. Adjusters are not legal experts, and they may omit information that works in your favor.
Tip: Avoid taking the adjuster’s word for it. Consult with a qualified Indiana injury attorney who can objectively evaluate the facts and advise you on the value of your case. An attorney can also help manage communications with the adjuster, ensuring that your interests are fully protected throughout the claims process.
2. Accepting a Lowball Offer Without Question
Another common pitfall is accepting the insurance company’s first valuation of your claim. Adjusters often offer low initial settlements, especially if they sense hesitation or lack of experience on the part of the injured party. First offers are typically the company’s way of seeing if you’ll settle for less than you deserve.
Example: In one of our cases, the initial offer was a fraction of the true value. The adjuster claimed that a fair settlement was $350,000 because the client was elderly. After pursuing a fair trial, we secured a $3 million verdict. The insurance adjuster was simply attempting to minimize their payout due to our client’s age.
Insurance companies may justify a low offer by pointing to factors like age, pre-existing conditions, or even the client’s employment status. It’s essential to recognize that all these factors, while they may play into the company’s calculations, shouldn’t diminish what you’re truly owed.
Tip: Don’t accept the insurance company’s first offer at face value. Review their calculations carefully, and consult an attorney if you feel the offer doesn’t reflect the extent of your medical bills, lost wages, and other damages. An attorney can help you properly value your claim by considering all damages, from immediate expenses to long-term impacts, such as ongoing medical care or reduced earning potential.
3. Making a Demand That’s Too Low
When presenting a demand to an insurance company, it’s tempting to ask for a quick payout, but this strategy often backfires. Low initial demands can signal to the insurance company that you don’t fully understand your case’s worth or that you’re desperate for any amount.
Example: We’ve seen clients make initial demands that are far below the value of their claims simply because they wanted to avoid conflict. This approach almost always leads to limited settlements, as the initial demand can set a precedent. Insurance algorithms may interpret this lower amount as a benchmark, making it difficult to negotiate higher.
A demand should reflect your medical expenses, lost income, and emotional distress from the injury. Presenting a well-documented demand helps prevent a low initial offer from becoming the “ceiling” on your settlement.
Tip: When preparing a demand, gather all relevant documentation: medical records, expenses, and any proof of how the injury has impacted your daily life. A qualified attorney can help you ensure your demand accurately reflects the value of your case and shows that you’re serious about pursuing a fair settlement. They can also advise on building flexibility into the demand, ensuring that any new medical expenses or complications can be added.
4. Not Seeking All Available Insurance Coverage
Many injury victims settle prematurely without exploring all possible sources of compensation. In Indiana, as in other states, drivers are required to carry minimum coverage; however, this is often far from sufficient in cases involving severe injuries. Seeking other sources of coverage can make a massive difference in your final settlement.
Example: In a recent case, a client was struck by a driver carrying minimum insurance. After exploring additional options, we found coverage through an umbrella policy and the liability insurance of the store where the injury happened, ultimately securing a seven figure compensation.
Failing to explore all available policies can mean the difference between covering your medical bills and ongoing expenses versus having to pay out of pocket. This is especially important if the other party has minimal or no insurance coverage, or if multiple parties may share liability.
Tip: Explore every avenue. This may include the other party’s insurance, additional parties who could share liability, or even your own insurance policies, such as underinsured motorist or umbrella coverage. Don’t assume that the at-fault party’s insurance is your only option; an experienced attorney can help you find additional avenues of compensation, ensuring you receive the full support you’re entitled to.
5. Failing to Use Expert Witnesses When Necessary
Expert witnesses can play a crucial role in Indiana injury cases, especially in complex scenarios like slip-and-fall injuries or injuries involving negligence by multiple parties. Experts can offer specialized insights, which can make a substantial difference when negotiating with an insurance company or presenting a case in court. They lend authority to your claims, often swaying juries or judges toward a favorable verdict.
Example: We recently worked with an expert who evaluated a patio’s grade and railing deficiencies at a bar where our client fell. The expert’s analysis showed that the establishment failed to meet building codes, strengthening our client’s case significantly. The insurance company initially argued that our client’s injuries were self-inflicted or avoidable, but with the expert’s findings, we demonstrated clear negligence on the part of the establishment.
Expert witnesses can range from medical professionals who can attest to your injuries’ severity, to engineers and safety experts who can clarify the causes of an injury. These experts offer an objective view that often carries more weight than witness statements alone.
Tip: Consider enlisting experts, such as crash reconstruction specialists, medical professionals, or structural engineers, to provide objective evidence and support your claim. Insurance companies know that credible, expert-backed evidence is hard to contest, which can improve your chances of a favorable settlement or verdict.
Why You Should Hire an Indiana Injury Lawyer
Navigating an injury claim without legal guidance can make you vulnerable to these common mistakes, which may prevent you from receiving the compensation you deserve. Here’s why hiring an Indiana injury lawyer can be essential:
1. Experience With Indiana Laws: A qualified attorney understands the nuances of Indiana personal injury laws and can navigate the legal intricacies of your claim.
2. Objective Evaluation: Attorneys assess your case objectively, ensuring you’re not swayed by lowball offers or misleading statements from adjusters.
3. Skilled Negotiation: Lawyers negotiate for full and fair compensation, considering all potential damages—medical expenses, lost wages, and pain and suffering.
4. Access to Resources: Attorneys often work with experts who can bolster your case and ensure the insurance company takes your claim seriously.
5. Peace of Mind: Having a lawyer allows you to focus on healing while they handle the complex, often frustrating claims process.
Protecting Your Rights and Securing Your Future
If you or a loved one has suffered an injury in Indiana, the most important step you can take is to seek legal guidance. Hiring an Indiana injury lawyer can help you avoid these costly mistakes and give you the best chance at a full recovery—both financially and physically.
