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When Should You Accept a Settlement Offer in Your Medical Malpractice Case?


After being injured because of a medical professional’s negligence, it is understandable to want to recover compensation as fast as possible and get on with your life. The damages that follow after medical malpractice has occurred can be overwhelming. Receiving a settlement offer from an insurance company can feel like closure. But should victims of medical negligence accept the first settlement offer they get from the insurance company?

Generally, insurance companies do not make their first offer the best offer. It is advisable that victims of medical negligence avoid accepting the first settlement offer they get from the insurance company. However, the insurance company’s first offer can often provide an indication as to whether the company is serious about resolving your claim fairly.  To be safe, it is best to consult a qualified attorney after getting a settlement offer. An attorney can help you determine whether the offer from the insurance company is fair or whether it is in your best interest to settle before litigation. We can do that here at Carroll Law Firm LLC.

Insurance Companies Are For-Profit Businesses

The most important thing to keep in mind is that insurance companies are for-profit entities. They often use catchy slogans—such as “The Good Neighbor” or “You’re in Good Hands”—to distract you from this fact. The reality is that insurance companies are focused on maximizing profits. Insurance companies often offer quick, low settlements, hoping that the injured party will accept the offer without taking time to think it through or consulting a lawyer. Insurance companies make quick, low settlement offers in hopes that the claimant is desperate enough to accept the offer.

Even if a settlement offer looks substantial, the truth is that you might be getting lowballed. An offer that comes at the early stages of a medical malpractice case most likely does not take into account the full extent of the victim’s damages. At the early stages of your case, the full extent of your injuries and their long-term consequences may be unclear. Accepting the first settlement offer could leave you undercompensated for future damages, such as future medical expenses.

Speak to Your Lawyer if You Receive a Settlement Offer

If you have an attorney and the insurance company makes you a settlement offer, ensure you tell your attorney about the offer. Your lawyer can help you review the settlement offer and determine if it is fair. They can ensure that you don’t take an unfair offer.

After You Accept an Offer, You Cannot Ask for More Compensation.

It is vital to note that if you take money from the defendant’s insurance company, you can’t ask for more payment in the future if you realize the amount you took was insufficient. That is why it is vital to avoid being quick to accept a settlement offer from an insurance company. To avoid missing out on the compensation you deserve, let an attorney review all offers you receive from the insurance company.

Contact an Atlanta Medical Malpractice Attorney

Our Atlanta medical malpractice attorney at Carroll Law Firm has years of experience helping victims of medical negligence recover the compensation they deserve. Do not hesitate to contact us if you need legal help.

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