How to Respond to a Low Settlement Offer

So you succeeded in proving that the defendant was at fault for your accident and injuries. However, you’re yet to face the hardest part in a personal injury case—dealing with the liable party’s insurance company.

 In most cases, the insurance provider will offer you a low settlement that doesn’t match the economic costs you’ve piled up. Also, there’s the emotional suffering the accident injuries caused you. A lowball settlement offer is like an insult to you. Luckily, you don’t have to accept it.

 But how to respond to a low settlement offer from the at-fault party’s insurer? This article will guide you on dealing with a low settlement offer, revealing the tricks and tactics insurance companies apply, ultimately getting you the compensation you deserve.

Steps to Follow in Responding to a Low Settlement Offer

If you’re wondering how to respond to a low settlement offer, you and your injury attorney can follow these steps:

1. Remain Calm and Polite

In most cases, receiving a low offer can instigate emotional reactions. However, it would help if you remained professional and polite as you negotiate with the insurance claims adjuster.

 Although they may use bad-faith tactics or try to take advantage of you, don’t give in to temptation and yell at the adjuster. Yelling won’t favor you and may even lower the chances of landing the compensation you deserve.

 An attorney is best suited to handle your case so that you don’t come off as an unreliable witness and handicap the process of negotiating for a settlement. Chances of success are higher.

2. Table Your Questions

You can respond to a lowball settlement offer by asking several questions. It’s your right to know why the insurance provider undervalued your claim the way they did. When emailing or calling the adjuster, have clear and specific questions to ask them. Put them to task to explain precisely why they undervalued your claim.

 If the claims adjuster denies your claim, they’re legally obligated to give convincing reasons. Only then can they guide you on how to come up with a more informed and appropriate counter offer.

3. Give All the Facts

If your injury documentation was incomplete, you need to fill it exhaustively when responding to a low offer. Include all your injuries, lost income, medical expenses, and any other damage. All these will act as evidence, adding support to your claim.

 With more evidence, your claim will be stronger. Be sure to have complete documentation that backs up the amount you believe you deserve as reimbursement for your damages. Having all the paperwork makes it hard for the insurer to table an argument for a lower compensation amount.

4. Develop a Counter Offer

Besides rejecting the low settlement offer formally, you need to come up with a counter offer.  The new offer shows the reasonable amount you deserve for the damages. With the help of your attorney, this should be easy to develop.

 Note that you’re allowed to make several offers as long as they’re lower than the minimum amount you’re willing to accept. If the parties cannot agree, you and your attorney can head to court. There, you can reach a permanent agreement for a settlement.

5. Respond in Writing

Let your attorney draft a written response to the low settlement offer, indicating you rejected the offer. It’s not advisable to communicate this over the phone. Communication should be in writing.

 In case you head to court, documents will come in handy. In your writing, point out areas in which you are not in agreement with the evaluation of the claim adjuster, giving reasons. Support this with evidence, including your updated medical bills, proof of lost income, police reports, and non-economic damages such as emotional trauma, pain, and suffering.

6. Only Settle When Fully Healed

If there is one mistake you can make, it’s to accept a settlement before you complete the healing process. You shouldn't settle until you know your total past, current, and future medical bills, non-economic damages, and wage loss.

 Only after determining the total cost of your injury can you accept a reasonable settlement offer. You won't be able to file the personal injury claim again to get extra money after you accept the offer and sign a release.

Selingo Guagliardo Can Help With Your Low Settlement Offer

Now that you know how to respond to a low settlement offer, you don’t have to accept it. You deserve more after everything you’ve gone through with your injuries.

If you need to dispute insurance claims in Kingston, PA, we can help. One of our personal injury attorneys can help you negotiate, and with our expertise and experience, you stand to receive a justifiable amount.

What Is Negligence in a Personal Injury Lawsuit?

Establishing negligence in a personal injury lawsuit has several steps. They can be hard to interpret if you aren’t well-versed in your state’s legal system.

But wherever you are, the first step is to define: what is negligence in a personal injury lawsuit?

We’re going to help you understand this issue in this article. If you have been injured as the result of someone else’s negligence, Selingo Guagliardo wants to help. You can call us to consult about your case.

Defining Negligence in Personal Injury Lawsuits 

If you’ve sustained an injury because of someone else’s actions, you can apply for compensation due to negligence. But what, legally speaking, is negligence in a personal injury lawsuit?

Negligence is a legal term that refers to any damage you suffer because of someone else’s carelessness. More specifically, negligence is a type of tort law or law that deals with personal injury compensation.

Crucially, negligence isn’t deliberate. In a negligence and personal injury case, you argue that your injury resulted from insufficient caution shown by the other party.

Proving Negligence in a Personal Injury Lawsuit 

To prove negligence, there are five things you must establish to satisfy the judge and lawyer. These are:

• There existed a duty by the defendant to demonstrate reasonable care

• The defendant failed the plaintiff in a duty of care

• The defendant’s negligence caused personal injury to the plaintiff 

• Proof of physical harm or damage as a result of negligence 

• Evidence that bodily harm was done within the scope of liability and reasonable care

In some states, it may be sufficient for you to establish that failure in duty of care led to negligence and personal injury.

Demonstrating Reasonable Care 

To show negligence in a personal injury lawsuit, the first step is proving that the defendant had a duty of care towards you. A duty of care requires the person charged with that care to exert a consistent and reasonable standard over:

• Medical patients 

• Work employees 

• Children under supervision 

Failure in a Duty of Care 

Once you’ve established that the defendant needed to meet a duty of care, the next part of your lawsuit is to prove they failed to uphold this duty. 

To do this, you need to prove that your injury was not only preventable but foreseeable. In medical malpractice cases, this means your doctor should have anticipated the injury and worked to prevent it. 

Negligence Led to Personal Injury 

The next step in arguing negligence in your personal injury care is to prove that failure of care led directly to your injury. This step is critical because there are legal instances where a court may try to claim that you are partly at fault. 

For instance, you are skating during a designated figure skating hour where hockey isn't allowed. However, you are hit by a hockey puck. You slip and fall on the ice, breaking your wrist and sustaining a concussion. 

The supervisor should have been alert to the hockey players. But if you aren’t wearing a helmet when you fall, there’s a chance you'll be perceived as partially negligent yourself. 

To fight this means it is necessary to establish that negligence by another party caused your injury and not your failure to wear a helmet.

Proof of Physical Harm 

Another integral part of arguing negligence in personal injury lawsuits is showing proof of harm. This harm is usually physical and may require you to demonstrate:

• Injury, such as broken wrist

• Medical records 

• Medical expertise linking negligence to your injury 

To establish your injury was not the result of a pre-existing cause, you may need to submit an extensive medical history predating the accident.

Scope of Liability in Personal Injury Lawsuits

Finally, to argue negligence in a personal injury lawsuit, you need to prove the failure is within the scope of liability. This scope evaluates what the defendant can be held legally responsible for in the case. If they are too far removed from the cause of your injury, the negligence may be ascribed to someone else. 

Scope of liability can also affect the damages a defendant pays if the court thinks the connection to your personal injury is too tenuous.

Selingo Guagliardo Can Help You Recover and Go Forward

If you’re looking for a medical malpractice lawyer in Kingston, PA, we can help. 

Negligence in a personal injury case can be challenging to navigate. Our lawyers are experts in medical law and malpractice. They’ll work with you to build a case for negligence in personal injury that satisfies all the legal requirements. 

Personal injury as a result of negligence can be upsetting and confusing. But we’re here to help. Get in touch and let us talk you through how to claim negligence in a personal injury lawsuit.

What If My Car Accident Injuries Appear Late?

Car accidents cause over 4 million injuries every year in the United States. Unfortunately, many of those are permanent injuries that range from mild annoyances to life-changing disabilities. Some injuries appear immediately, but others might show up anywhere from several days to several weeks or even longer after an accident.

If you’ve been in a car accident and you’re wondering, “What if my car accident injuries appear late?” you’ve got good reason to be concerned. Here are some of the most common delayed injuries from car accidents and symptoms that should prompt you to see a doctor.

Delayed Injuries Common in Car Accidents

You’ll notice the most acute injuries like broken bones, lacerations, and injuries from the seat belt within minutes to a couple of days. However, some distinct types of car accident injuries can take up to several weeks to appear.

Brain Injuries

If a doctor examines you after a car accident, a concussion will be one of the injuries he’ll want to rule out. Concussions occur when your brain slams against the inside of your skull. Symptoms tend to show up right away, but sometimes brain injuries like concussions or bleeding can take several days or more to appear.

Symptoms to watch for:

• Headaches

• Dizziness or fainting

• Confusion

• Behavioral changes

• Mood swings

• Slurred or difficult speech

• Vision or hearing problems

These symptoms can indicate other types of illness and injury, but they could also be signs of brain trauma. The faster you get treatment, the better the chance you’ll have at a good outcome. 

Internal Bleeding

If you’re asking yourself, “What if my car accident injuries appear late?” and you’re suddenly having abdominal pain, you should see a doctor immediately. Internal bleeding can take days to become apparent if the blood loss is slow.

Symptoms to watch for:

• Abdominal pain

• New dark or purple bruising

• Dizziness or fainting

• Vomiting blood or passing blood into the toilet

Contact a doctor immediately if you develop any of these symptoms after a car accident.

Whiplash and Other Spinal Injuries

Whiplash typically occurs when your head snaps backward against the seat of your car. The most common occurrence is when you’re hit from behind, though it can happen in other types of accidents, too. Whiplash is the most common neck injury from a car accident.

Neck and back injuries caused by car accident impact are common. While many of these injuries show up instantly, some can take weeks to emerge.

Symptoms to watch for:

• Tingling or numbness in the extremities (for whiplash, this usually occurs in the fingers and hands)

• Stiff and sore neck

• Headaches

• Blurred vision

• Back pain and stiffness

How to File an Insurance Claim

You’re probably asking yourself, “What if my car accident injuries appear late? Will it be too late to file a claim?”

Unfortunately, insurance companies may deny claims filed after too much time has passed since the accident. You can help yourself avoid this problem if you’re in a car accident by remembering three things:

• Make sure there’s a police report

• Get a thorough medical examination as soon as possible, even if you feel fine

• Wait to sign an insurance release form

Call the Police

An official police report of the accident will simplify all insurance claims and future paperwork. Get a copy of the crash report for your records. 

Get a Medical Examination Immediately

Get a thorough exam, even if you don’t think you’re injured. Adrenalin can cause stress-induced analgesia that tricks you into not noticing the pain response in your body. You might not feel injuries until you calm down and its effects wear off.

A doctor can also catch signs of some injuries you might not know you have. An exam will let you begin treatment immediately, making many injuries easier to tolerate with shorter recovery periods. This exam will also help you file an insurance claim if delayed injuries appear. 

Don’t Sign an Insurance Release Too Soon

After an accident, the insurance company responsible will probably want to settle with you as fast as possible. 

Never settle anything until you’ve been examined by a physician and waited to ensure you don’t have any hidden or delayed problems. Signing the release waives your right to compensation for any injuries that show up after you sign the form.

Let Selingo Guagliardo Help with Your Injury Claim

No matter when your injuries appear, you should get the compensation you deserve. If you’ve been in an accident, contact a car accident lawyer in Kingston, PA, today to talk about your options.

How to Prove Negligence in a Slip and Fall Case

Have you recently experienced a slip and fall injury? This legal term is used when someone experiences a personal injury by slipping or tripping on another person's property. The property owner can be held legally responsible for a dangerous obstacle being on their premises. However, it's up to you to prove negligence caused the accident.

It is not easy proving negligence, but with tangible evidence and the right lawyer, you have a chance of obtaining compensation. We at Selingo Guagliardo want to help.

Here's a complete guide on how to prove negligence in a slip and fall case.

Starting Out

The first step in how to prove negligence in a slip and fall case is to contact a slip and fall lawyer in Kingston, PA. It can be hard to prove negligence because a property owner can put you at fault for your injury and build a good case against you. However, a slip and fall lawyer will help you gather the materials needed to win your case.

Legally, you will need four elements to prove negligence:

1.          Property owner's duty of care

2.          Breached the duty of care

3.          Causation of accident and injuries

4.          Damages resulting from the accident

When gathering evidence for proving negligence in a slip and fall case, you need to find out if the property owner knew of their hazardous property conditions. In addition, it is good evidence if an owner or employee did know about the situation but did not fix it, especially if the owner caused the dangerous condition in the first place.

Finally, you should also verify if the dangerous property conditions have existed for a long time.

Analyzing Hazardous Property Conditions

To claim damages, your injury needs to be the result of a hazardous condition. If you were affected by any of these dangerous conditions, they could help you prove negligence in a slip and fall case:

•             A substance on the floor

–            Cracked or missing flooring

–            Wet or waxed floors without a warning sign

•             Tripping Hazards

–            Obstacles on the floor

–            Torn or bulging carpets

•             Changes in the height of a surface

–            Uneven steps with no warning

•             Not enough lighting

–            Dimly lit spaces

•             Hazardous sidewalks

–            Potholes 

–            Ice

–            Snow

•             Lack of proper handrails

Evidence Needed to Strengthen Your Slip and Fall Case

When figuring out how to prove negligence in a slip and fall case, you will need to collect clear and concise evidence. Here are some pieces of evidence you should start gathering for your case:

•             List of medical records

•             Any medicals bills from the personal injury

•             Receipts of any out-of-pocket costs such as a brace

•             Accident reports are taken from a place of business

•             Witness statements from people who saw the accident

•             Any security camera footage from the property owner of neighboring properties

•             Photographs of the hazardous condition in question from multiple angles

•             Photographs of personal injury from multiple angles

During the discovery phase, an experienced attorney will help you accumulate strong evidence. They will request additional information such as CCTV camera footage, documentations, and interviews with involved parties.

Compensation to Pursue

After figuring out how to prove negligence in a slip and fall case, you can pursue compensation for your injuries. Compensation will be dependent on proving negligence and the extent of injuries.

You can seek economic compensation from any medical bills or any other costs relating to your injury. For example, you could receive economic compensation if you lost income from taking days off at work. Lost wages also include not performing the same job and receiving money from lost earning potential.

You could also receive non-economic damages for pain and suffering you have occurred from your injury. Non-economic damages also include loss of enjoyment in life and disabilities you may face.

We Can Help with Your Slip and Fall Case

Property owners need to fix any cracked tripping hazards or properly clean floors. They have a duty to fix any of these hazards on time as soon as they are discovered.

However, knowing how to prove negligence in a slip and fall case is complicated. You can't just say you've been hurt and expect due diligence from property owners. There could be extensive legal proceedings, and you will need help proving your case with evidence and in-depth analysis of the event.

That's why you need a lawyer if you were involved in a slip and fall accident. At Selingo Guagliardo, we can help you understand how to prove negligence in a slip and fall case, collect the right evidence you need, and guide you through the entire legal process. In the end, it’s all meant to help you go forward with your life.

Contact us today to schedule your free consultation.

What's the Best Way to Find an Accident Attorney?

If you've seen TV ads in the last 15 years, you'll know that there's an endless supply of accident lawyers promising unbelievable returns for no effort on your part. There are some professionals out there who care more for the quick buck than for the welfare of their clients.

So, the question for those who have been injured becomes this: what's the best way to find an accident attorney you can trust?

At Selingo Guagliardo, we've assembled some guidelines for finding an accident lawyer who will listen to your case in detail, provide consistent and thorough support, and help you get the results you deserve from your case. Read on to learn the best way to find an accident attorney today.

1. Find a Specialist Accident Attorney

Being a lawyer is a specialization in itself, but the best lawyers specialize in a certain area of law. For instance, you will want a car accident lawyer in Kingston, PA, if you’ve been injured in a vehicular accident.

The attorneys you will want on your side devote all their attention to personal injury law. This indicates that they will prioritize your case as their most important (compared to an attorney who takes on all kinds of cases but may still have a preference). It also suggests that they will know personal injury law inside and out, which is important.

If your personal injury attorney can outline a detailed plan of action at your first meeting and indicate areas they need to study further, you're likely in good hands. A specialist understands that their knowledge is never complete and won't give you an illusion of infallibility.

2. Is Your Lawyer Committed to Your Case?

A key to knowing the best way to find an accident attorney is feeling confident that your lawyer will empathize with your case and stand by you for as long as necessary. This means being prepared to take insurance companies to court rather than accept a reduced settlement payment — which is frequently the offer.

An attorney with a calm, methodical approach will take you through every step of the process, so you feel in control and know that you're in good hands. They will also be wise to insurance companies' bullying tricks and advise you against accepting settlements that leave you unduly out of pocket.

3. Is Your Lawyer Ready to Take On Heavy Opposition?

A quality accident attorney will understand the way insurance companies operate. Insurance companies will do anything to avoid a protracted case, from intimidating courtroom threats to lowball settlement offers.

One way of knowing the best way to find an accident attorney is that your attorney will explain what the opposing party wants and every option you have for responding. Your attorneys will let you know that they are prepared to work with you in any case.

4. Track Records Speak for Themselves

If your attorney doesn't make their track record easily accessible, why would you trust them? You should find information on cases your attorney has won and lost and how similar these cases were to yours. An attorney with a good track record in similar cases is a must.

5. Does Your Attorney Have a Strong Knowledge Network?

No good lawyer is an island. First, you should find out if they're part of professional organizations such as the National Board of Trial Advocacy. Other organizations simply let lawyers in if they simply pay a fee.

6. An Expert Attorney Is Better Than a General Lawyer

Has your lawyer written publications on subjects around personal injury law? If they commit to providing expert information in the legal community, they're likely more knowledgeable and trustworthy than a lawyer who only operates when there's a paid case available. It also shows that they care about the field.

7. Good Attorneys Come Recommended

Word of mouth is always one of the best indications for finding a trustworthy accident attorney. Your lawyer should allow you to talk to previous clients (with their consent) not just about the results that were achieved but about the experience of working with the personal injury attorney. This should give you a good understanding of what you're working with.

Let Selingo Guagliardo Be Your Trusted Accident Attorney

Knowing the best way to find an accident attorney is vital if you want representation that isn't just calm and methodical but empathetic and committed to helping you get the results you need.

Remember that the best attorneys always come recommended. This is because they have a good track record and reputation in the community. Look for attorneys that specialize in personal injury and even write publications on their experience in the field.

Above all else, the way to find an accident attorney lawyer is to take your time searching. Don't start a relationship with the first attorney you meet — give yourself plenty of meetings to establish a connection.

At Selingo Guagliardo, we would like the chance to become your accident attorney when you need us. Contact us today to schedule a consultation so we can learn your story, secure your compensation, and help you go forward with your life.