You do not have to accept the insurance company’s settlement offer in your slip and fall case. Here’s what you should do when rejecting a settlement offer.

Can I reject the insurance company’s settlement offer in my slip and fall case?

 

A:

While it is true that most slip and fall accident claims settle without the need to go to trial, this does not mean that a case will be resolved right away. It is not uncommon for the negligent business or property owner’s insurance company to start out by making a low settlement offer—if they do not reject your claim.

What to Do When You Do Not Want to Accept a Settlement Offer in Your Slip and Fall Case

Whenever you receive a settlement offer in a slip and fall case, it is important to consult with an experienced slip and fall attorney before deciding whether or not to accept it, even if you think it is fair. You do not have the expertise to value your claim, and you could be accepting far less than you are entitled to.

What should you do if you decide the settlement offer is too low? Here’s how to handle this situation:

  • You have the absolute right to reject an insurance company’s settlement offer at any time prior to a trial in your case. However, at some point, it is usually beneficial for both parties to resolve a case out of court.
  • Keep in mind that the insurance company’s offer is most likely not the only offer they will make. This is just their first offer. The insurance company is a business, and one of their objectives is to try to save money by paying less on your claim.
  • You should let your attorney inform the insurance company of your rejection of their offer and conduct further settlement negotiations. If your lawyer has not sent a demand letter to them, he may want to do this when rejecting their offer. A demand letter outlines the at-fault party’s negligence, the seriousness of your injuries, and the amount of compensation you should receive.

Once an offer and counteroffer is made, the insurance company and your attorney will enter into negotiations. Depending on the disputes in your case, this could be a lengthy process. Your attorney may need to retain an expert or obtain other evidence to help resolve a dispute that is preventing your case from being settled.

If the insurance company refuses to be reasonable, your lawyer may file a lawsuit on your behalf and litigate your case. However, at appropriate times, your attorney would continue to try to settle your claim.

Has the insurance company made a settlement offer in your slip and fall case? Do you need an attorney to file your claim and send the insurance company a demand letter? Our experienced slip and fall attorneys are here to help. Call our office to schedule your free consultation today.