Will an insurance company offer the proper value of your claim when you are not represented?
Talk to any adjuster and they will argue with great emotion that they are evaluating your claim properly, and giving you a fair offer, whether in a workers' compensation case or an automobile accident case. Sometimes they will tell you how they arrived at the settlement number but that is rare.
I cannot tell you how many times I had folks come to me even in the year 2020, as they find my name on Google or being referred by satisfied prior clients. They ask me: “Mr. Brown, is this offer of sufficient money?”
I answer by spending about one hour's time with that person by talking to them about all the issues in their case. These are some the questions that I ask:
1.Has this injury been properly diagnosed by a certified orthopedic surgeon or neuro surgeon?
2.Has the treatment that has been rendered been only chiropractic, PT and nothing else?
3.Has the pain that the person continues to experience not diminished hardly at all from the time of the injury? If not, then we can clearly conclude that the case cannot be settled yet and more medical treatment is needed.
4.Most of the cases that come to me deal with lack of proper medical treatment, insufficient diagnostic testing and statements from certain doctors (that should know better) that my client has reached MMI and can return to full duty work, wherever they were working prior to the injury. The full duty, no restrictions mantra issued by about 90% of the company doctors would be laughable if it were not so tragically sad.
In the workers' compensation field, there are an overwhelming large number of insurance doctors who need to receive referrals from the insurance company and they will say whatever it takes to increase their own business This borders on criminal behavior. The almighty dollars prevails further. You know who you are and you need to change!
I recently had a client who had 3 surgeries to his wrist and recently had six injections of a substance that was not even FDA approved. He was ordered to return to full duty work multiple times.
At the last examination when my client was told he had 0% and he can return to work at any type of job without any limitations, the insurance company quickly offered this person a settlement of $10,000. This was a man who has been a laborer for over 35 years. There is no way he could return back to work in any capacity.
We first sent him to a Board Certified doctor who spent four hours reviewing this person's medical records and this doctor prepared a report for me totally refuting the insurance doctor's made up falsehood.
This story continues in litigation now and I cannot say more at this time but it goes to show the reader that it is absolutely rare that the insurance company will be honest with you and will make you a fair offer to settle your claim without proper legal representation.