Navigating a personal injury case can be overwhelming, especially when faced with the critical decision of whether to settle or proceed to trial. At Iacobelli Law, serving clients in both Florida and Texas, we understand the complexities involved and are here to guide you every step of the way.

Today, let's break down the factors to consider when deciding between settling your personal injury case and taking it to trial.

When to Consider Settling Your Personal Injury Case

Settling a personal injury case often makes sense when a fair and reasonable offer is on the table. But what constitutes "fair and reasonable"? It's an offer that adequately covers the losses you've sustained. These losses typically include:

• Economic losses: Past and future lost wages, medical expenses, and other healthcare-related costs.
• Non-economic losses: Pain and suffering, and compensation for the lost ability to perform daily activities or household duties.

An experienced personal injury attorney, like those at Iacobelli Law, can help you assess these damages and determine what a fair settlement would be. Listen to your lawyer's advice – they're there to ensure your best interests are represented.

Factors Influencing Settlement Decisions

Several factors may influence your decision to settle:

• Speed of Resolution: Settlement is typically faster than going through full litigation and trial. If your primary goal is to conclude the case quickly, settling may be the best option. However, be sure to discuss this with your attorney, as they strive to maximize the value of your case while still respecting your wishes.
• Risk of Trial: Jury trials, which are common in personal injury cases, can be unpredictable. A settlement offers more control, as you know exactly what's being offered, eliminating the risk of an unfavorable jury verdict.
• Emotional Considerations: Trials can be lengthy and stressful. Not all clients are prepared for the emotional toll of presenting evidence, being cross-examined, and discussing their case in front of a judge and jury. It's crucial to consider your ability to handle this process.

​When Going to Trial Makes Sense

There are situations where going to trial is the more appropriate choice:

• Inadequate Offers: If the insurance company offers little to no money or makes an unreasonably low offer, your lawyer may advise you to take the case to trial.
• Strong Evidence: When the evidence is strong and there are unique factors that a jury needs to hear, going to trial can help maximize the outcome of your case.
• Telling Your Story: Some cases require the opportunity for the victim's story to be fully told to a jury to ensure a fair assessment of damages.

Financial Risks of Going to Trial

While many personal injury lawyers, including those at Iacobelli Law, often don't ask for fees unless they're successful, there can still be financial risks. Cost consequences may arise if you reject a reasonable settlement offer and don't achieve a better outcome at trial. Your lawyer will discuss these risks with you so you can make an informed decision.

Key Considerations When Deciding Whether to Settle vs. Going to Trial

To recap, key factors to consider include:

• Strength of Your Case: How well can you present your case in court?
• Financial Needs: Is the settlement offer adequate for your current and long-term needs?
• Risk Tolerance: Are you willing to accept the uncertainty of a jury verdict?
• Time Commitment: Are you prepared for the lengthier process of going to trial?

Consulting with an Attorney

The most crucial step in deciding whether to settle or go to trial is to consult with an experienced personal injury attorney. At Iacobelli Law, we're here to help you assess the value of your claim, evaluate the strengths and weaknesses of your case, and provide you with the insight you need to make the best decision for your situation in Florida or Texas.

Have Questions? Contact Iacobelli Law Today!

If you have any questions about your personal injury matter, don't hesitate to reach out to us. We offer free consultations, and our team is available to assist you.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Florida and Texas. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum. ​

In today's world, when you're dealing with an insurance claim, it's crucial to understand the tactics insurance companies might employ. One such tactic is surveillance. Yes, you read that right. Insurance companies often hire private investigators and even monitor your social media to potentially discredit your claims. This can feel invasive and, frankly, a bit scary. But knowledge is power.

In our new YouTube video, we dive deep into the world of insurance surveillance. We'll explore exactly how these companies operate, the methods they use, and, most importantly, what you can do to protect yourself.

What You'll Learn:

• How Private Investigators Operate: We uncover the ways investigators might follow you, record your activities, and gather information that could be used against your claim.
• Common Surveillance Tactics: From recording your daily activities to scrutinizing your social media presence, we'll break down the common tactics insurance companies employ.
• Real-Life Examples: We'll share examples of how surveillance footage might be used to challenge your claims, such as filming someone with a back injury lifting groceries.
• Tips for Staying Cautious: We'll provide practical advice on how to be mindful of your activities and online presence, ensuring you don't inadvertently harm your case.
• The Role of Social Media: Discover how your social media posts can be a "treasure trove" for insurance companies and learn how to protect your information.
• Legal Aspects of Surveillance: We'll touch on the legal side of surveillance, addressing questions like, "Can they really record me without my knowledge?"
• Protecting Yourself: Best Practices: We'll share key strategies to safeguard your claim, including communicating effectively with your doctor and knowing when to consult with an attorney.

It's essential to be aware of these practices to protect your rights and ensure a fair process. Our video is designed to equip you with the knowledge you need to navigate this complex issue.

Watch the video now to get all the details and take steps to protect your case from potential surveillance. If you have any questions or need further assistance, don't hesitate to reach out. We're available 24/7 to help!Remember, being informed is your best defense. Stay vigilant, and watch our video to learn how to protect yourself.

At Iacobelli Law Firm, we're committed to helping you through every step of your personal injury claim in Florida and Texas. Contact us today for a consultation.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum. 

Have you recently been injured and are dealing with an insurance company regarding a settlement? You might be wondering, "Is this offer fair?" At Iacobelli Law Firm, we frequently hear this question. It's crucial to understand how to recognize a lowball offer and what steps you can take to protect your rights. That's why we've created a new YouTube video diving deep into this topic. Watch it now, and then read on for a summary of key points.

Watch our YouTube video here.


Recognizing a Lowball Offer:
Insurance companies sometimes aim to settle claims quickly and for less than they're worth. Here are several signs that the offer you've received might be a lowball:

• The First Offer: Often, the initial offer from an insurance company is significantly lower than what you're entitled to. They may lack complete information, such as your medical records, and are trying to close the claim rapidly.
• Vague Offers Without Justification: A lowball offer is often vague and doesn't fully cover your expenses, including pain and suffering, income loss (past and future), and other damages. There's little to no explanation of how the offer amount was calculated.
• Failure to Account for Future Losses: If the offer only covers immediate losses but ignores potential future medical expenses or lost income, it's likely a lowball.
• "Generous" Offer Disguised: Be wary if the insurance company claims their offer is generous or fair due to partial blame on your part or other circumstances that supposedly weaken your case. This might be an attempt to justify a discounted offer.
• Downplaying Your Injuries: If the insurance adjuster minimizes the severity of your injuries, they are likely trying to justify a lower payout.
• Tactics and Delays: Insurance companies may delay the process, constantly asking for "one more thing" to run the clock on the statute of limitations (the deadline to file a lawsuit). This tactic can weaken your case if you eventually need to seek legal action.
• Pressure to Accept Immediately: If the insurance company pressures you to accept the offer right away, it's a major red flag. They don't want you to seek advice or consider the offer carefully.

What Should You Do If You Suspect a Lowball Offer?
If you're unsure about the fairness of an insurance settlement offer, take these steps:

1. Get Advice: Consult with a personal injury lawyer. At Iacobelli Law Firm, we offer free consultations to discuss your case and provide a fair assessment of its value.
2. Don't Sign Anything Prematurely: Do not sign any releases or settlement agreements without first having a lawyer review them. Signing a release likely means giving up your rights to pursue further legal action.
3. Ask for a Breakdown: Request a detailed explanation of how the insurance company calculated their offer. This will help you and your lawyer evaluate its fairness.
4. Communicate Through Your Lawyer: If you have retained a lawyer, inform the insurance company and direct all communication through your legal counsel.
5. Understand Your Rights: Know that insurance companies often increase their offers when a lawyer gets involved and the threat of a lawsuit becomes real.

Why Iacobelli Law Firm Can Help:
At Iacobelli Law Firm, we have extensive experience dealing with insurance companies and negotiating fair settlements for our clients. We understand the tactics insurers use and know how to protect your rights. We can help you:

• Determine the true value of your claim.
• Gather the necessary evidence to support your case.
• Negotiate with the insurance company on your behalf.
• File a lawsuit if necessary to ensure you receive the compensation you deserve.

If you've received an injury settlement offer and are unsure if it's fair, don't hesitate to seek legal advice. Contact Iacobelli Law Firm today for a free consultation. We're here to help you navigate the complexities of personal injury claims and ensure you receive the compensation you're entitled to.


Have Questions? Contact Us Today for a  Free Consultation


Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney for advice regarding your specific situation.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum. ​​

Have you been injured and are dealing with an insurance claim? You might be wondering how to move the process along and reach a fair settlement. One powerful tool that can significantly speed up your injury claim settlement is a demand letter. Let's break down what a demand letter is, its purpose, and why it's so important in a personal injury case.

What is a Demand Letter?
A demand letter is essentially a formal request for settlement. It's an opportunity for your attorney to outline what compensation you're seeking and why. Think of it as the opening move in settlement negotiations. It invites the insurance company to either agree to your demands or present a counteroffer.


Purpose and Function of Demand Letters

• Initiating Negotiations: The primary purpose of a demand letter is to start settlement discussions. It sets the stage for a resolution.
• Clear Case Summary: It provides a detailed overview of your case, highlighting critical aspects and your position.
• Presenting Evidence: It's a chance to submit supporting evidence and emphasize the strengths of your claim.
• Stating Compensation: The demand letter includes the amount of compensation you're seeking, often with a breakdown of how that number was calculated.
• Setting Time Limits: Many demand letters include a deadline for response, encouraging a timely resolution.

Key Components of a Demand Letter
While each lawyer has their style, most demand letters share common elements:

• Introduction and Summary: A brief overview of the incident and what occurred.
• Liability Section: Details about the fault or blame of the other party.
• Injury Description: A section outlining the nature of your injuries and the medical treatment you've received.
• Financial Losses: Information on economic losses like medical bills, lost income, and out-of-pocket expenses.
• Pain and Suffering: A summary of your non-economic losses.
• Supporting Evidence: Often includes medical records, police reports, photos, and other documentation.
• Total Compensation and Deadline: States the total amount sought and a deadline for the insurance company's response.

Why Demand Letters Are Important

• Sets the Tone: A demand letter clearly communicates what you're looking for and why, setting expectations for the insurance company.
• Initiates Settlement Discussions: It can help resolve the case without lengthy and costly litigation.
• Creates a Written Record: This record can be crucial, especially in situations involving policy limits.

Timing and Strategy
Sending a demand letter at the right time is essential. It's generally best to wait until you have sufficient information to assess the value of your case. This prevents premature or uninformed demands.


Verbal vs. Written Demands
While demands can be made verbally, it's best practice to put them in writing or follow up a verbal demand with a written confirmation. This ensures a clear and documented record.


Best Practices
Avoid making demands prematurely or without sufficient information. Ensure you have a clear understanding of your damages before sending a demand letter.


In conclusion, a well-crafted demand letter is a vital tool in personal injury cases. It can streamline the settlement process, avoid lengthy litigation, and ensure you receive fair compensation.

Slip and fall accidents can happen unexpectedly and cause serious injuries, especially in places prone to wet conditions like Florida. Knowing the immediate steps to take after such an accident can significantly protect your rights and strengthen any potential legal claims. Here are the top five steps you should follow immediately after experiencing a slip and fall accident in Florida:

1. Seek Medical Attention Immediately: Your health should always be your top priority. Even if you initially feel fine, some injuries—such as concussions, soft tissue injuries, or internal bleeding—may not be immediately apparent. Seeking prompt medical care ensures you receive necessary treatment and creates critical documentation linking your injuries directly to the incident.
2. Report the Incident: Immediately inform the property owner, manager, or someone in authority at the location where your slip and fall occurred. Make sure they document your incident, and request a copy of this report for your records. Official reports can provide valuable evidence supporting your claim.
3. Document the Scene: If you're physically able, take pictures and videos of the exact location where your slip and fall occurred. Capture images of what caused your fall, such as wet surfaces, uneven flooring, poor lighting, or lack of proper signage. Note the date and time, weather conditions, and any witnesses present at the scene.
4. Obtain Witness Information: If there are any witnesses to your accident, gather their contact information promptly. Witness statements can be crucial in establishing fault, particularly if liability is later disputed by the property owner or their insurance provider.
5. Consult an Experienced Slip and Fall Attorney: Slip and fall claims in Florida can be complex, and property owners or insurance companies may attempt to minimize or deny your claim. Consulting an experienced personal injury attorney, such as those at Iacobelli Law Firm, ensures your rights are protected and enhances your chances of securing fair compensation for your injuries, lost wages, and other damages.

At Iacobelli Law Firm, we are dedicated to helping slip and fall accident victims across Florida. If you've been injured due to unsafe conditions on someone's property, contact our experienced legal team today to discuss your situation and learn how we can help you pursue the justice and compensation you deserve.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney for advice regarding your specific situation.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum. 

Slip and fall accidents are a leading cause of injury in Florida, especially in locations with high foot traffic and wet conditions, such as retail stores, restaurants, hotels, and outdoor walkways. Florida's frequent rainfall and humid climate mean that floors can quickly become hazardous if not adequately maintained and treated to prevent slipping.

Why Some Floor Finishes Become Dangerous When Wet
Many glossy or smooth floor finishes, while aesthetically pleasing, lack the necessary friction to provide adequate traction when wet. This is especially true for:

• Epoxy coatings: While durable and attractive, some epoxy finishes can become extremely slippery when wet.
• Polished concrete: The smooth surface of polished concrete can lose its grip when moisture is present.
• Tile and stone: Certain types of tile and stone, particularly when highly polished, can be treacherous when wet.
• Certain paints: Some paints, especially those not formulated for high-traffic areas or wet conditions, can become very slippery when wet.

One often overlooked aspect of preventing slip and fall injuries involves the surfaces themselves—particularly painted floors. Many businesses opt to paint concrete or other flooring surfaces for aesthetic appeal or durability. However, certain types of paints can become dangerously slippery when wet if they lack sufficient friction properties.
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Paint finishes without proper anti-slip properties pose a significant safety hazard. When wet, these surfaces offer little resistance, greatly increasing the risk of slips, falls, and serious injuries such as fractures, traumatic brain injuries, or spinal cord injuries. Businesses have a duty to maintain their premises safely for customers, visitors, and employees, and part of this responsibility includes choosing appropriate floor treatments.

Fortunately, there are specialized paints and additives designed explicitly for flooring to enhance friction and reduce slip hazards. Anti-slip paints, or paints mixed with friction-enhancing additives, provide a textured surface that significantly improves traction even when wet. These solutions are particularly vital in Florida, where moisture is an ongoing concern.

The Legal Responsibility of Property Owners
Florida law holds property owners responsible for maintaining a safe environment for visitors. This includes taking reasonable steps to prevent slip and fall accidents. When a property owner knows or should know about a dangerous condition, such as a slippery floor, they have a duty to:

• Warn visitors: Clearly mark wet areas with warning signs.
• Remedy the hazard: Quickly clean up spills and dry wet floors.
• Maintain safe surfaces: Use appropriate floor finishes and anti-slip measures.

Preventing Slip and Fall Accidents: What Property Owners Should Do
To protect their customers and avoid liability, property owners should consider the following:

• Use anti-slip floor finishes: Choose paints, coatings, and tiles that are specifically designed for wet environments.
• Incorporate anti-slip additives: Additives can be mixed into paints and coatings to increase traction.
• Install non-slip mats and runners: Place mats and runners in high-traffic areas and near entrances.
• Regularly inspect and maintain floors: Ensure floors are clean, dry, and free of defects.
• Implement a robust cleaning protocol: Create a system for quickly addressing spills and wet areas.
• Post clear warning signs: Use highly visible signs to alert visitors to wet floors.

If You've Been Injured in a Slip and Fall Accident
If you or a loved one have experienced a slip and fall accident due to slippery surfaces in Florida, it's important to know your rights. Property owners who fail to take adequate measures to protect visitors from foreseeable harm may be held liable for resulting injuries and damages.

At Iacobelli Law Firm, our experienced team helps victims of slip and fall accidents recover compensation for medical bills, lost wages, and pain and suffering. If you've been injured, contact us today for a Free Consultation to discuss your rights and how we can help secure the compensation you deserve.  If we accept your slip and fall case, you pay us nothing unless we recover money for you.  

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney for advice regarding your specific situation.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum. ​

In this YouTube video, injury attorney Andrew Iacobelli describes some important ways you can make a great impression at your personal Injury Deposition and help maximize your recovery.  We hope you enjoy this video.  Always speak to your lawyer and get advice from your own lawyer.  This video is for informational purposes only, and is not legal advice.  

If you have questions, call us to request a Free Consultation. 

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney for advice regarding your specific situation.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum. ​

Miami-Dade County, a vibrant hub of activity, unfortunately, also sees a high volume of car accidents. At Iacobelli Law Firm, we understand the stress and confusion that follow a collision. Whether you're a resident or a visitor, knowing what to expect and how to protect your rights is crucial.

The Reality of Miami-Dade Roads
Miami-Dade's bustling streets and congested highways create a challenging driving environment. From the heavy traffic on I-95 to the busy intersections in downtown Miami, the potential for accidents is ever-present. Common causes we see include:

• Distracted Driving: With the constant lure of smartphones, distracted driving remains a leading cause of accidents.
• Speeding: The fast pace of life in Miami-Dade often translates to speeding, increasing the risk of severe collisions.
• Aggressive Driving: Tailgating, reckless lane changes, and other aggressive behaviors contribute to a dangerous road environment.
• Increased Tourist Traffic: Visitors unfamiliar with local roads and driving habits can add to the chaos.
• Weather: Heavy downpours, especially in the summer months, can create hazardous driving conditions.

What to Do After a Car Accident
If you've been involved in Car Accidentsa car accident in Miami-Dade, here are essential steps to take:

1. Ensure Safety: Move your vehicle to a safe location if possible, and check for injuries.
2. Call the Police: Report the accident to the police, especially if there are injuries or significant property damage. A police report is vital for insurance claims.
3. Exchange Information: Exchange contact and insurance information with the other driver(s).
4. Document the Scene: Take photos of the accident scene, including vehicle damage and any visible injuries.
5. Seek Medical Attention: Even if you feel fine, seek medical attention as soon as possible. Some injuries may not be immediately apparent.
6. Contact Iacobelli Law Firm: Before speaking with insurance companies, contact us for a free consultation. We can help you understand your rights and protect your interests.

Why Choose Iacobelli Law Firm?
At Iacobelli Law Firm, we're dedicated to helping car accident victims in Miami-Dade recover the compensation they deserve. We understand the complexities of Florida's traffic laws and insurance regulations. Our experienced attorneys will:

• Investigate your accident thoroughly.
• Gather evidence to support your claim.
• Negotiate with insurance companies on your behalf.
• Represent you in court if necessary.

Protecting Your Rights  
​Insurance companies often prioritize their bottom line over your well-being. They may attempt to minimize your claim or offer a quick settlement that doesn't fully cover your losses. Don't let them take advantage of you.
If you've been injured in a car accident in Miami-Dade, contact Iacobelli Law Firm today. We're here to help you navigate the legal process and fight for the compensation you deserve.
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Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney for advice regarding your specific situation.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum. ​

The rumble of engines, the gleam of chrome, the open road stretching before you – that's the allure of Daytona Beach Bike Week. It's a pilgrimage for motorcycle enthusiasts, a celebration of freedom and the open road. But beneath the exhilarating surface, there's a stark reality, one that Halifax Health's recent reports lay bare.

Imagine the scene: thousands of riders converging on Daytona, the streets buzzing with energy. For many, it's a dream come true. But for some, that dream can shatter in an instant. The statistics released by Halifax Health aren’t just numbers; they represent real people, real lives altered by accidents. Each trauma admission tells a story, a story of a ride gone wrong, a moment that changed everything.

Think about the dedicated medical professionals at Halifax Health, working tirelessly to treat the influx of patients. They witness the consequences firsthand: the broken bones, the head injuries, the sheer fragility of the human body when faced with the force of a motorcycle accident. It's a sobering reminder that even the most experienced rider can be vulnerable.

We understand the passion that fuels the motorcycle community. We know the thrill of the ride, the sense of camaraderie. But we also understand the risks. And it's those risks that bring us to the heart of the matter.

A motorcycle accident can quickly become a complex legal maze, navigating different state laws, insurance policies, and medical systems. That's where Iacobelli Law Firm steps in.  We've seen the aftermath of these accidents. We've helped families navigate the difficult process of recovery, both physical and legal. We've witnessed the devastating impact of serious injuries, and we've fought to ensure our clients receive the compensation they deserve.

Bike Week should be a celebration, a time to create lasting memories. But it should also be a time for vigilance. Let's ride with awareness, with respect for the road, and with a commitment to safety. 

If you find yourself facing the unexpected, if you or a loved one has been involved in a motorcycle accident, know that you're not alone. Iacobelli Law Firm is here to listen, to understand, and to fight for your rights. We're here to help you navigate the road to recovery, every step of the way.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum. ​

A common question we hear is, how do you recognize if the insurance company is making you a lowball offer for your injury claim?

There are several ways you can tell if the insurance company is making you a lowball offer. 

First Offer is Usually a Lowball Offer
Almost always, the first offer from an insurance company is a lowball offer. They don't have the necessary information, they don't have your medical records. They have very limited information. That's a sign that the insurance adjuster is looking to close down your claim quickly before you get wise, before you become informed, before you lawyer up.

Vague Offers Without Rationale
Another way to recognize a low ball offer from an insurance company is one that's vague, that doesn't cover all of your expenses. You have to look at what your potential claim is worth based on pain and suffering. Did you incur an income loss? Are you at risk of losing income in the future or having difficulty working to your full capacity?
They're not breaking it down. There's no rationale. They're just trying to dangle a carrot so you sign a release and walk away from your rights. 

Offer Doesn't Cover Projected Future Losses
If an insurance company or an insurance adjuster is making you an offer that only covers some of your immediate losses, but doesn't contemplate or take into account the risk or the likelihood of future losses, you're probably getting a low ball offer.

And again, it's a circumstance where you should speak to a lawyer and find out what else you're entitled to, what else you can recover. 

Lowball Offer Disguised as a Generous Offer
Whenever an insurance company offers you money, but then gives explanations that this is a generous offer. where this is a fair offer because you're partially at blame, where there are facts and circumstances that make your case not as strong or weak. That should give you concern. That should give you pause. The insurance company is already acknowledging, essentially, that they're making you a discounted offer and they're coming up with reasons. It's clear as day. A lowball offer. Get advice from a lawyer. Find out what your case is really worth.

Insurance Company Downplays Your Injuries
Whenever an insurance company offers you money, but at the same time, tries to downplay your case, tells you your injuries aren't that severe, again, they're trying to justify their offer. They're essentially telling you they're not paying you enough, but they have a good reason not to be. Speak to a lawyer because you're probably being dealt a lowball offer.

Tactics Used by Insurance Companies
It's also important to consider that sometimes insurance companies will make lowball offers simply because somebody is unrepresented by a lawyer. They recognize that you might not be in a position to file suit on your own. And so one tactic that we see is they will string you along, and they will be polite and nice, and the adjuster will constantly ask you for more information.

And I just need one more thing. Oh, and I just need this. I'm working at it. I'm trying to get you more money. I'm trying to get an increased offer. 

But what we find, what they're really doing is collecting information from you and running the clock. There are deadlines to file suit. Those are called statute of limitations and so the insurance companies often will run the clock on you and by the time you see a lawyer, either you're out of time or there's very limited time and your case is nowhere near as good as it could have been because you didn't have the proper advice.

Pressure Tactics and Risks From the Insurance Company
Whenever an insurance company is putting pressure on you to accept the offer immediately, that's a red flag. The insurance company doesn't want you to get informed. They don't want to give you an opportunity to think about it. 

Some people are worried, if I don't take the offer, or if I make a counter offer to the insurance company's offer, will I lose my chance to settle? Will they take it off the table? And while yes, there's always a risk, in our experience, that's a really low risk. If the lawyer tells you it's a low ball offer, Most of the time, you're going to get a much, much better result with a lawyer who can file suit immediately if the insurance company isn't paying a fair value for your case, and also get the right evidence to support your claim, to prove your losses, to prove the extent of your pain and suffering, to prove the extent of the economic losses, such as medical expenses, both past and into the future, and income loss or a risk that you may not be able to work to your full capacity. 

Steps to Take When Offered a Lowball Settlement
So what should you do if you're confronted with a situation where the insurance company has made you an offer and you're not sure if it's a lowball offer? 

First and foremost, get advice. Most personal injury lawyers, like our firm, offer free consultations. We're happy to talk to you, learn about the facts and circumstances of your accident, your injuries and the impact it's having on you and give you a fair assessment of what we think your case is worth. 

Don't Sign Anything Prematurely
Number two, don't sign anything. Don't get caught by the pressure tactics of the insurance company that this is a limited time offer. What they're asking you to sign in all likelihood is a release. If you sign it, you give up all of your rights to sue and pursue civil remedies. Okay? So don't sign anything until you've had a lawyer look at it. 

Ask For a Breakdown of the Offer
And if the insurance company makes you an offer, ask for a breakdown. It's good to know if they can explain and rationalize. How they've come up with the calculation for the offer they're making, and then bring it to a lawyer and get advice. 

Communicating Through Your Lawyer
If you have a lawyer, the insurance company should not be communicating with you directly. They should be communicating through your lawyer. So if you have a lawyer, maybe the insurance company doesn't know that yet, you've just retained a lawyer. The minute the insurance company calls you, tell them I have a lawyer. I don't want to speak to you. Here's my lawyer's name. and phone number contact them. Get the name and contact information for the insurance adjuster. Immediately call your lawyer and tell them that you were contacted by this person and share their details.

The Role of Lawyers in Negotiating Fair Settlements
Very often we'll get calls from people who have already heard from the insurance company. They've already been given an offer and they don't understand whether that's a fair offer or not. And so part of our job is to meet with clients, find out the circumstances of your case, the extent of your injuries, review your medical records.
We've had examples where it was really obvious that the offer from the insurance company was completely inadequate, well below the fair value of that case. 

Insurance Companies Pay More When a Lawyer Gets Involved
Insurance companies know that if you have a lawyer involved, a lawsuit is coming, that they can't mess around as much with lowball offers because ultimately they'll be forced to defend their position. And there's an expense associated with that. Very often if we get involved in a case, even where there is a lowball offer, oftentimes we can get a resolution fairly quickly. simply because of the ability to file a lawsuit and commence litigation and put pressure on the insurance company and their adjuster to take your claim seriously.
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The Best Way to Get a Fair Payout?
So if an insurance adjuster reaches out to you and gives you an offer, it's either a first offer or they're not giving you rationale. Where the rationale just doesn't make sense. The likelihood is it's a lowball offer. It's important to speak to an experienced lawyer so you can understand what the real value of your case is.

​Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum. 
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Disclaimer: This blog post is for informational purposes only and should not be considered legal advice. Every case is unique, and the information provided here may not apply to your specific situation. Contact Iacobelli Law Firm for a consultation to discuss the details of your case.