Filing Claims in Knoxville Injury Cases: Negotiating a Settlement

Helping Tennessee personal injury claimants obtain full compensation for their injuries

One of the more important aspects of any claim is the settlement negotiations: the part where our team goes back and forth with the insurance company to try and hammer out a fair and just deal for our clients. While our Knoxville personal injury lawyers never shy away from a trial, we’re just as formidable during settlement negotiations, and we fight just as hard to reach a fair outcome.

How can we help?

Should I try to settle my Knoxville personal injury claim with my insurance company?

No. The insurance company is not your friend. The insurance carrier for the defendant who hurt you represents the defendant, not you. They want to pay you as little as possible. They know that once you make a settlement, you cannot ask for any more money even if your health worsens. They know if you try to settle your case on your own, you won’t have all the facts you need to ask for all you deserve.

The best course of action is to call our seasoned Knoxville personal injury claim lawyers. We demand compensation for all the damages you truly deserve.

How does insurance coverage affect the settlement of a Knoxville personal injury claim?

One of the initial steps our Knoxville personal injury settlement lawyers take is to review the insurance policy limits of each of the defendants and the policy limits of any liability policies in your name (typically, an auto uninsured/underinsured policy).

Unless there is reason to believe a defendant has significant assets, most personal injury cases are settled if the insurance company offers the insurance policy limits. If there are multiple defendants, we seek the insurance policy limits for each policy.

If the defendant in a vehicle accident case doesn’t have insurance or doesn’t have enough insurance, then we negotiate with your own uninsured/underinsured insurance carrier.

How do you negotiate with the insurance companies?

A typical negotiation involves some back-and-forth correspondence with the insurance carrier(s). Sending the demand letter starts the formal negotiation process. (A demand letter is a formal letter we send to the insurance company explaining why their defendant is liable, what injuries you have, and the value of your claim.) If there is a dispute about liability and/or the value of your case, and there is enough insurance coverage to pay our full demand, then the insurance carrier will normally make a counteroffer. Typically, we’ll then make another offer. This process will continue until there is a satisfactory agreement/settlement or it’s clear that your case needs to be tried before a jury.

We keep you informed about the settlement offers. The decision whether to settle or go to trial is your decision.

How do you determine the value of my Knoxville injury claim?

At Banks & Jones, we’ve been fighting for personal injury victims for 30 years. We’ve helped hundreds of accident victims obtain full compensation for their injuries. We demand compensation for all your current AND future damages including all your:

  • Medical expenses, including ER care, hospitalizations, surgeries, doctor visits, physical therapy, occupational therapy, psychological care, medications, assistive devices, and other medical costs.
  • Lost income, including lost benefits such as health insurance and permanent disability compensation.
  • Physical pain and emotional suffering, including every ache, itch, twinge, ouch, worry, and moment of anxiety or depression.
  • Property damage. If your car, truck, or motorcycle was damaged, you should be entitled to compensation for the cost to fix the vehicle or replace the vehicle – depending on the extent of the damage.

Accident victims in Knoxville can also demand compensation for any scarring or disfigurement, the loss of function of a body part, loss of quality of life, and loss of consortium (marital enjoyment).

In egregious cases, such as if you’re struck by a drunk driver or a manufacturer sells a product even though it’s been recalled, we demand that the defendants pay punitive damages.

We also use another key strategy when we negotiate a settlement with the insurance carriers in addition to adding up all your financial and personal damages. That strategy is to review what verdicts have been awarded based on similar injuries and what similar cases to yours have settled for.

What happens to my Knoxville personal injury case if a settlement can’t be reached?

Your personal injury case won’t settle if you think the highest offer that the insurance company can make is too low and that you can do better if you go to trial. Your case also won’t settle if the insurance company thinks your final offer is more than what a jury would award.

One factor in your favor during settlement negotiations is that insurance companies know that our lawyers are skilled trial lawyers. They know we understand how to prepare and persuasively argue your case before a jury. They know we’ve obtained many high jury verdicts – some for millions of dollars.

Do you have a Knoxville personal injury lawyer near me?

Our Knoxville settlement and trial lawyers meet clients at our Knoxville office located at 2125 Middlebrook Pike. We make alternate arrangements for any client who can’t physically come to our office. Our lawyers also conduct consultations by phone and through video conferences.

We’ll guide you through each phase of your Knoxville personal injury claim including the settlement negotiations.

Talk with our accomplished Knoxville personal injury lawyers now

Most clients want to resume their lives as soon as possible after any accident in Knoxville. This means healing as much as possible and having the money to obtain the medical help you need, to pay your bills when you can’t work, and to have compensation for every way your life has been and will be affected by your injuries. At Banks & Jones, we work to obtain strong settlements, often for the insurance policy limits, so that the restart of your life can be in earnest. Please call us or fill out our contact form to schedule a free consultation. We’re ready to help you move forward.

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