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What Makes an Insurance Company Choose to Settle Your Personal Injury Case?
When you’ve been injured in an accident, one of the first questions on your mind might be, “Will the insurance company settle my claim?” The answer is far from simple. Insurance companies don’t settle claims out of kindness—they’re businesses focused on minimizing costs and managing risk. Their decision to settle your personal injury case depends on a mix of strategy, evidence, and financial considerations.
For accident victims, understanding why an insurance company might choose to settle—or fight—can make a significant difference in how you approach your claim. “Insurance companies assess every case with a focus on reducing their exposure to risk,” says John J. Malm, an experienced Illinois personal injury attorney. “Knowing what motivates them can empower injured individuals to negotiate from a stronger position and secure the compensation they deserve.”
In this blog, we’ll explore the key factors that influence an insurance company’s decision to settle a personal injury case and what you can do to strengthen your position.
1. The Strength of Your Evidence
One of the first things an insurance company evaluates is the quality and quantity of the evidence supporting your claim. Strong evidence leaves little room for dispute, increasing the likelihood of a settlement. Some examples of compelling evidence include:
- Accident Reports: Police reports or incident reports provide an objective account of the event and often assign fault.
- Medical Records: Detailed documentation of your injuries, treatments, and prognosis strengthens your claim.
- Eyewitness Testimony: Statements from neutral third parties corroborate your version of events.
- Photos and Videos: Visual evidence of the accident scene, your injuries, or property damage can be difficult for an insurer to refute.
If the evidence is clear and paints a strong picture of liability and damages, the insurance company may choose to settle rather than risk losing in court.
2. Clear Liability
When liability is undeniable, such as in a rear-end collision where fault is rarely disputed, insurance companies are more likely to settle. Conversely, if liability is unclear or disputed, they may push back to avoid paying out. For example:
- Comparative Fault: In Illinois, the modified comparative negligence rule reduces your compensation if you share some responsibility for the accident. If you’re found more than 50% at fault, you receive nothing. Insurers often exploit this by arguing you contributed to the accident.
- Conflicting Accounts: When no clear evidence exists to establish fault, insurance companies may use the ambiguity as leverage to deny or reduce your claim.
Establishing liability with strong evidence is crucial to encouraging an insurance company to settle.
3. The Extent of Your Damages
The severity of your injuries and the associated costs play a significant role in an insurance company’s decision-making. Damages are typically divided into two categories:
- Economic Damages: Tangible losses like medical bills and lost wages.
- Non-Economic Damages: Intangible losses like pain and suffering or emotional distress.
Insurance companies are more likely to settle when damages are substantial because a jury trial could result in even higher payouts. For example, a case involving permanent disabilities or significant future medical expenses presents greater financial risk to the insurer, incentivizing them to settle.
4. The Role of Reserves and Closing Claims
Insurance companies set reserves early in the claims process, estimating the anticipated costs of resolving a claim, including settlements and legal fees. Keeping claims open for extended periods ties up resources and affects their financial reporting. Settling a case allows insurers to finalize their books and avoid the risk of claims exceeding their reserves during litigation. Hiring an experienced Illinois personal injury attorney shortly after your accident can help set the insurance reserves at the right amount.
However, insurers may also delay settlement if they believe they can reduce the value of your claim through prolonged negotiations. Presenting strong evidence and having legal representation can counter these tactics, encouraging the insurer to settle within the reserve amount rather than risk exceeding it at trial.
5. The Impact of Legal Representation
Whether or not you have an experienced Illinois accident attorney can heavily influence an insurance company’s decision to settle. Insurance companies know that attorneys understand the law, the claims process, and the tactics used to undervalue claims. They also know that an attorney is prepared to take a case to trial if necessary.
“Having skilled legal representation signals to the insurance company that you’re serious about your claim,” explains Naperville car accident lawyer, John J. Malm. “They know that if they don’t settle, they could face greater financial consequences at trial.”
Without an attorney, insurance companies may try to take advantage of your lack of legal knowledge by offering a low settlement or denying your claim altogether.
6. Risk and Cost Assessment
Insurance companies are in the business of managing risk. When deciding whether to settle a claim, they evaluate:
- Likelihood of Losing at Trial: If the evidence and liability strongly favor you, they are more likely to settle.
- Potential Payout Amount: Cases with high damages pose a greater risk for the insurer, increasing the chance of settlement.
- Costs of Litigation: Trials are expensive, and insurance companies must consider the cost of legal fees, expert witnesses, and court proceedings.
- Public Relations Impact: High-profile cases can damage the insurer’s reputation, motivating them to settle discreetly.
Their ultimate goal is to minimize financial loss while avoiding unnecessary risks.
7. The Role of Discovery
If your case moves to litigation, the discovery phase can heavily influence an insurance company’s decision. Discovery involves the exchange of evidence between both parties, including:
- Depositions: Sworn, out-of-court testimonies that can strengthen or weaken each side’s position.
- Document Requests: Medical records, accident reports, and other key evidence come to light during this stage.
Discovery often exposes the weaknesses in the insurance company’s case, motivating them to settle before going to trial.
8. Timing and Deadlines
The statute of limitations for personal injury claims in Illinois is generally two years from the date of the injury. Insurance companies are well aware of this deadline and may delay negotiations, hoping you’ll miss it.
However, once a lawsuit is filed, the pressure shifts. The closer a case gets to trial, the more likely the insurance company is to settle. Facing an imminent trial date forces insurers to weigh the unpredictability of a jury verdict against the certainty of a settlement.
9. Public Sentiment and Jury Perception
Insurance companies know that juries can be unpredictable, especially when cases involve catastrophic injuries, wrongful death, or gross negligence. A compelling story that resonates with jurors could lead to a higher payout. To avoid this risk, insurers often settle cases that are likely to elicit strong emotional responses from a jury.
How to Strengthen Your Case for Settlement
If you want to increase the likelihood of a fair settlement, consider these steps:
- Document Everything: Keep detailed records of the accident, medical treatments, and expenses.
- Seek Legal Representation: Hiring an attorney shows the insurance company that you’re serious about your claim.
- Be Patient: Don’t rush to accept the first offer. Insurance companies often start with lowball settlements.
- Build a Strong Case: Work with your attorney to gather compelling evidence and present a persuasive argument.
At John J. Malm & Associates, our top-rated Illinois personal injury attorneys have helped countless clients secure fair settlements by effectively navigating these challenges.
Why Choose John J. Malm & Associates for Your Injury Claim?
With offices in Naperville and St. Charles, Illinois, John J. Malm & Associates has over 90 years of combined litigation experience. Our team is dedicated to helping accident victims achieve justice and fair compensation. We handle a wide range of personal injury cases, including:
We are committed to providing compassionate, client-focused representation and fighting for the best possible outcomes.
Contact the Dedicated Illinois Accident Lawyers at John J. Malm & Associates
If you’ve been injured due to someone else’s negligence, don’t navigate the claims process alone. Contact John J. Malm & Associates to schedule a consultation at one of our offices in Naperville or St. Charles. Let our top-rated Illinois personal injury attorneys help you understand your rights and secure the compensation you deserve.