American Association for Justice
Greater Lowell

Low Settlement Offers

What Do I Do With a Low Settlement Offer?

You often hear about how tenacious a lawyer is. They’ll stick it to the insurance company, and they won’t take “no” for an answer. While that’s certainly the right approach many times, that isn’t always the case

Why Are Offers Low?

There are a few reasons why a settlement offer from the insurance might be lower than you expected.

First, it might be as simple as your personal injury lawyer now knowing all the aspects to your injury. For example, we sometimes find that our clients see doctors and get therapy that we’re not aware of. That’s why it’s always important to keep your lawyer informed every step of the way. Even if you’re worried about bothering your lawyer with too much information, he/she would much rather have that information early in the process.

Second, the insurance company makes more money by offering you less. Insurance companies are trying to make profits for their shareholders, not make sure that you’re satisfied. They also know that you’re more likely to need the money more than it does. If you’ve been injured and unable to work, the insurance company knows that you probably have bills to pay. It will try to leverage that into getting you to settle for pennies on the dollar.

Finally, it’s hard to win these cases. Ever since corporate America spent a lot of money convincing the general public that “frivolous lawsuits” make their insurance premiums go up, juries have a hard time finding for injured Plaintiffs. That’s why Plaintiffs lose most trials and verdicts are often much lower than a Plaintiff expects.

What Should My Lawyer Do?

When it comes to a decision on whether to settle, it’s the client’s decision, not the lawyer’s. Any attorney who tries to force you into making a decision is doing you a disservice. That’s not to say that a lawyer shouldn’t give you a recommendation on what to do, but the decision is ultimately yours.

When it comes to whether to settle a Personal Injury case, it often comes down to a numbers game. The lawyer will get an offer from the insurance company, and he or she will then work to figure out how much of that money will be going into your pocket. The settlement will usually include allocation for attorneys’ fees, health insurance liens, and various costs. The lawyer will then explain the settlement to you and ask if you want to accept.

The lawyer will also have to explain what would happen if you reject the settlement. In other words, what are the chances of winning or getting more money? It’s also important to figure out how much more money it would cost to pursue the case further. At Marcotte Law Firm, our Lowell Lawyers often have to explain to our clients that rejecting an offer and going to court might mean that unless we end up increasing the settlement offer by 50-75%, the client’s take home amount might be less.

Finally, your attorney will also have to explain to you the concept of how long various court processes take. Depending on the type of case and the court you are in, it could be many years until you get a trial. Many clients don’t want to wait that long and would rather settle now and be done with it.

Lowell, Massachusetts Personal Injury Attorneys

At Marcotte Law Firm, we’re counsellors just as much as we are lawyers. Our Lowell attorneys always tell our clients that the case is theirs, not ours. If they want to settle, we’ll settle. If they want to reject the settlement, we’ll move forward. But, we always explain the reasoning for our recommendations, and our clients feel like they’re fully informed before making a decision.

If you’ve been injured, call the Lowell Personal Injury Attorneys at Marcotte Law Firm for a free, no obligation consultation.

Client Reviews
Marcotte Law firm has since handled a few other things for me not accident related. My experience continues to be fantastic. Perhaps their motto could be simply "No problem. I'll take care of it" because that's exactly what they do. Marguerite Riley
This team is of the utmost prestigious gentlemen I've come across! They handled my son's case as if it were their only. I recommend Marcottte Law Firm to anyone who is in need of an attorney. Robert Vogel
Mr. Marcotte and his staff are courteous and respectful, I've known Mr. Marcotte for over 25 years and I recommend him and his colleagues as the best lawyers in Lowell and Massachusetts area . God Bless them all. Minerva Martinez
Ken was very compassionate, professional and knowledgeable. He kept me informed throughout my case so I felt prepared and comfortable each time I had to appear in court. I would recommend Marcotte Law Firm without hesitation. Ronda Johnson