If you get injured in an accident that someone else caused through a reckless or negligent act, you have the legal right in Nevada to hire a personal injury lawyer at any point in the claims process. This includes after you have already received an injury settlement offer from an insurance company. Hiring an attorney sooner, however, can lead to a stronger case and higher odds of success.
Your Rights When Hiring an Attorney
There is no rule for when you must hire a personal injury attorney. If you feel that hiring one will benefit you, you can retain a lawyer at any time before accepting a settlement offer and signing a release of liability waiver. As long as you have not signed the release form, you have the right to get legal representation once an offer is made. In fact, after a settlement offer is a popular time for victims to bring in personal injury lawyers, as low settlements are common and can lead to a claimant questioning the true value of his or her case. A personal injury attorney’s goal will be to maximize the victim’s settlement, whereas an insurance company will want to keep it as low as possible.
How a Lawyer Can Help With a Settlement Offer
Insurance providers are known for minimizing settlement payouts to protect their own profits and interests. One common strategy is to offer a low first settlement in the hopes that the claimant doesn’t realize the value of his or her claim, doesn’t know that negotiations are an option, or is desperate enough to say yes to the first offer. Don’t compromise your future by saying yes without first consulting with an attorney.
Is the Offer Fair and Reasonable?
When you reach out to an attorney after receiving a settlement offer, the lawyer can review it to determine if it is fair and reasonable. An attorney’s assessment can either confirm that it is a good offer based on the extent of your injuries and the terms of the policy or urge you not to accept based on the belief that it is too low. If an attorney believes you deserve more than the amount offered, he or she may offer to represent you during settlement negotiations. Your lawyer can submit counteroffers and evidence supporting the argument that your case is worth more. If necessary, your attorney can take the insurance company to trial to achieve a fair case result.
Does the Offer Address Future Needs?
One of the most frequent damage categories insurance carriers underestimate is future foreseeable needs. If your injuries are serious, incapacitating or permanent, an insurance settlement should include amounts for future medical procedures, care, support, lost wages or capacity to earn, disability accommodations, vehicle or home modifications, medications, and pain and suffering.
Is the Insurance Company Trying to Take Advantage of You?
If an offer is unreasonably low, the claim has been wrongfully denied or the insurance company is attempting to underpay you in other ways, an attorney can investigate for evidence of insurance bad faith. This is a tort or wrongdoing that could give you grounds to file an additional claim against the insurance provider for failing to uphold its duty of care to you as a client.
Why Sooner Is Better
While it can be extremely beneficial to contact a personal injury attorney after you receive a settlement offer but before you sign anything, it is even better to work with a lawyer sooner. Contacting an attorney early on can build the strongest possible claim to financial damages on your behalf. A lawyer can explore all your options for seeking a financial recovery, gather evidence to prove your case and hire experts to strengthen legal arguments from the beginning. This can prevent delays caused by inadequate initial settlement offers and allow you to jump directly to the amount you deserve.