1. The first offer is not the best offer

The first offer by the insurance company is not what the insurance company thinks your case is worth. When an accident occurs, an insurance adjuster will set a dollar value for your case known as a "reserve." As they collect information, this reserve amount will be adjusted to match the potential value of your claim (Hence the name "insurance adjuster").

The first amount offered will not be the same as the reserve amount. The insurance company will try to negotiate with you to get the best settlement possible for them (that is, by paying you less). This is one reason why we do not recommend trying to negotiate with the insurance company without an attorney. A skilled attorney will have a good idea of what the value of a case is and how to negotiate with the insurance company to get the most money for your claim.

If you have been offered a settlement by an insurance company, do not accept the settlement and contact us immediately so that we can discuss your case. We will talk to you about your case for free and can then advise you as to whether the settlement amount is reasonable.

2. Insurance companies make more money by paying less on claims

Everyone has seen insurance company commercials where they talk about how customers are their number one priority. These commercials ignore the fact that insurance companies are businesses set up to make money for shareholders, not non-profit organizations set up to give money away to someone who has been injured.

The harsh reality of the insurance business is that the insurance company makes more money when they pay less money for claims. An experienced attorney can help you to recover the full value of your case. Most people only have to deal with an insurance company a couple of times in their entire life. Rist Law Offices deals with insurance companies every single day and will do everything that we can to make sure that the insurance company pays you a fair settlement.

3. Cases settle for more when an attorney is involved

Insurance companies know that cases can be settled for less when the case is settled quickly, before an attorney is involved. The primary reason for this is that the average person does not know the true value of their case. An experienced personal injury attorney deals with the insurance companies every day and knows how to value a case.

Many insurance adjusters will make an offer soon after the accident. The offer almost always is to cover the amount of the initial hospital visit, ambulance bill and a "little extra" for the hassle. While this may seem like a fair offer at the time, this ignores the possibility that additional medical treatment could be needed in the future.

Remember, the value of a case is made up of much more than just past medical bills. The following can be recovered by injury victims in West Virginia:

    + Costs of medical bills, including physical therapy, surgeries and
       other treatment
    + Lost wages and income
    + The costs of future medical care
    + Lost future wages and income
    + Emotional damages
    + Damages for family members for the loss of companionship
       caused by the accident
    + Punitive damages

Before settling any case, we recommend taking us up on a free case evaluation. We will sit down and talk to you about your case and provide you with additional information to make sure that you are fully compensated for your injuries.

4. Recorded statements will be sent to the insurance company's lawyer if a lawsuit is filed

After an accident occurs, it is common that an insurance adjuster will call and ask to take a recorded statement. If an insurance company has asked to take a recorded statement, politely refuse and contact us to discuss your case.

It will not affect the value of your case to refuse to provide a recorded statement. These statements are taken on outdated equipment, are hard to understand and can be difficult to transcribe into text later. The worst problem with the recorded statement is that the first thing that is sent to the insurance company's attorneys once a case is filed is a "claims" file that includes the recorded statement. These attorneys will take this poorly transcribed statement and will attempt to use the smallest discrepancy against you later.

Again, if an insurance company has asked to take a recorded statement, politely refuse and contact an attorney to discuss your case.

5. An insurance company has a dollar value set aside for your case

Very soon after an accident occurs, an insurance company will set a "reserve" on your case. This is the maximum value of the case, in the insurance company's opinion, with the information that they have collected. Some insurance companies even use computer software to generically set the amount of the reserve. This makes the information that is given to an insurance company after an accident extremely important.

An experienced attorney will collect information to send to the insurance company to make sure that a fair value has been placed on your case. Then, they will work to obtain reasonable and fair compensation for your injuries.

6. Your prior medical records will be used against you by an insurance company

Once an insurance company knows that you have been to the emergency room or a doctor due to an injury, they will become interested in your prior injuries. You will be asked to sign a medical release so the adjuster can get your present and past medical records.

Once these are received the insurance company will read every line of these records to see if there were any injuries that existed prior to the accident that could be blamed for causing the problems you are now having. Some companies even hire nurses who work full time providing summaries of medical records for the insurance company and their lawyers.

The worst thing that you can do is to go into this situation without the representation of an attorney. An experienced attorney will be able to provide the necessary information to the insurance company to make sure that you receive fair compensation.

7. Some injuries are not apparent until weeks or months after an accident

Numerous cases arise where someone discovers a more serious injury several weeks after an accident. We all naturally think that we will get better with time. Pain and soreness that we thought would go away in a few days or a few weeks could linger for months or even years. This is important to know when dealing with the settlement of a personal injury claim because once the case is settled, any additional medical problems will be the sole responsibility of the injured party.

It takes time for someone to heal after a serious accident. Car accidents can put forces on a person that tear muscles, tendons, ligaments and even break bones. Mining and logging accidents can cause even worse injuries. It takes time for doctors to examine a patient and provide a diagnosis. In many cases, MRIs, x-rays and CT scans are necessary to get a better picture of the actual injuries sustained by someone. It is important to have a full medical review performed and for a person to attempt to heal their injuries before settlement is discussed with an insurance company.

8. Your insurance company is not on your side once an accident occurs

Many people believe that their own insurance company will protect their rights after an accident. This belief could not be farther from the truth.

After an accident, your insurance company will be evaluating your case to see if they will have to pay for the accident. Many drivers in West Virginia do not have insurance or have low insurance limits that will not cover the expenses that will start to pile up after an accident. When this happens, an injured party has to make a claim against their own uninsured or underinsured policy. Put in more simple terms, you will be making a claim against your own insurance company.

For this reason, we do not recommend providing recorded statements, releases or other information to ANY insurance company, even your own, until you have reviewed your case with an attorney. An experienced attorney will help you sort through the various insurance policies and will gather information to provide to the insurance companies so that a fair evaluation of your case will be made.

9. The insurance adjuster works for the insurance company, not for you

An insurance adjuster's job is to protect the interests of the insurance company, not to make sure that fair compensation is paid. When an insurance adjuster contacts you, they are usually very friendly people who are very good at talking to injured parties about their claims. No matter how friendly or nice the insurance adjuster appears to be, they are not working to protect your interests.

10 things that will hurt your West Virginia injury claim

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