There’s a moment nearly every injured person remembers: the unexpected call from the insurance company, the polite tone, the carefully worded questions, and then a settlement offer. Whatever you do, do not accept this first settlement offer, regardless of how dire your financial circumstances may be.
Before you sign anything, take a breath. The truth is that insurance companies rarely present a fair offer initially. They count on people feeling overwhelmed, stressed, and eager for quick financial relief—and they lowball them, hoping to save the insurance company as much money as possible.
Englander Peebles is a respected personal injury law firm with offices in Fort Lauderdale and Miami. As a trusted Miami personal injury lawyer, our team has handled thousands of cases where insurance companies initially offer a lowball amount. It’s our responsibility to cast lowball offers aside and fight for the fair settlement (or verdict) our injured client needs and deserves.
Key Takeaways About Insurance Settlement Offers
- First settlement offers are often less than the claimant deserves: Insurance companies typically lead with the smallest settlement offer they think you’ll accept, hoping you won’t know better than to say “no”.
- Insurers have strong financial reasons to lowball you: Companies benefit from closing claims quickly for as little as possible. At the same time, victims often mistakenly assume the system treats them fairly and protects them from such bad-faith tactics.
- Injured victims usually undervalue their cases: Most people cannot accurately estimate long-term medical costs, lost income, and future care needs—that’s what the attorneys at Englander Peebles are for.
- Our attorneys prepare extensively before negotiating: We evaluate damages, assemble proof of fault, anticipate insurers’ objections, and build a cohesive narrative in our client’s favor.
- We fight for a fair settlement or take the case to trial. Our attorneys make reasonable demands, and we are prepared for trial when insurers fail to accept those demands.
- Early legal help can prevent catastrophe: Because, make no mistake, accepting a lowball settlement offer can be financially catastrophic—call Englander Peebles today for your free consultation.
Why Insurance Companies’ First Offers Are So Low
Insurance companies operate on a straightforward business model: collect premiums and minimize payouts. One of the easiest ways to minimize payouts is to extend quick, low settlement offers to claimants who are in distress—especially before the victim knows how serious their injuries truly are.
South Florida adjusters handle thousands of claims a year. They know when someone sounds confused, injured, overwhelmed, or financially stressed. They know when you cannot work (and financially insecure), when your car is totaled, when hospital bills are piling up. And they time their offers to take full advantage of your vulnerability.
They also know that most accident victims underestimate their long-term expenses, especially when injuries first appear minor. Even if you know that you’re in for a long-term recovery, most non-attorneys don’t know how to calculate the cost of damages that will affect them for months, years, or the remainder of their life.
Adjusters rush in with an offer—before symptoms worsen, the magnitude of your recovery hits you, or you have the chance to speak with an attorney. The adjuster knows that once you accept a settlement, you can not come back for more. So don’t accept that first (lowball) offer.
Lowball Settlement Offers Are Just One Bad-Faith Tactic to Guard Against
Low settlement offers are just one part of a larger strategy insurers use to pressure injured people into giving up their right to fair compensation.
Many of these bad-faith tactics are subtle enough to seem harmless. If they’re effective, though, these tactics can damage your claim (and your life) beyond repair. Again, we urge you to engage Englander Peebles to protect you from these insidious insurance company tactics, which include:
- Creating false urgency: Adjusters may imply that their offer expires soon, even when no such deadline exists—with the goal being to appeal to the claimant’s financial desperation with an all-or-nothing proposition.
- Minimizing your injuries: They may suggest your symptoms are “normal” or unrelated to the accident to reduce your claim’s value.
- Dragging out the resolution of your claim: Long stretches of silence can make some claimants desperate enough to accept whatever offer is on the table—even a lowball offer.
- Wearing you down with paperwork: Seemingly endless forms and repeated document requests can cause some claimants to accept the lowball offer, just to get the tedious process over with.
- Misrepresenting policy terms: Adjusters sometimes “interpret” your coverage in ways that favor the insurer, but our attorneys ensure clients know the truth about the insurance compensation they are entitled to.
- Discouraging you from getting the medical care you need: They may claim that ongoing treatment is excessive or unnecessary, hoping you’ll stop seeing your doctor and accept their current settlement offer.
The more serious the injuries are and the more care they require, the more expensive the injured party’s case tends to become. The insurance company will want you to stop caring for yourself, stop thinking about the long-term cost of your damages, and accept its lowball offer.
Nobody should have to endure these kinds of bad-faith tactics, but they are anything but uncommon for those seeking compensation after an injury. Let a personal injury lawyer from Englander Peebles handle these tactics for you, as your only obligations right now are to rest and heal.
Before That Lowball Offer Comes In, Make Sure You Have a Lawyer on Your Side
You may not realize it yet, but the insurance company already has an entire team building a case against you. They have access to adjusters, analysts, medical consultants, and even software designed to minimize claim values. When you accept their first offer without a lawyer, you’re stepping into a negotiation with no leverage and tons of uncertainty.
When Englander Peebles steps in, the dynamic of your case shifts instantly in your favor. The insurer understands that this is now a case to be decided by evidence, the law, and by experienced advocates—not by pressure or bad-faith gamesmanship.
A personal injury lawyer from our team won’t just estimate your damages. We will calculate the total cost of your damages, both short-term and long-term, with surgical precision. We expect that, when the calculation is complete, we will see a dramatic gap between what the insurer offered and what you truly deserve.
Types of Cases Where You Should Never Accept the First Offer
Englander Peebles sees how a serene South Florida street, sterile operating room, or teeming apartment complex can, in an instant, become the site of a life-changing injury. Our firm knows this because we have represented countless survivors of:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Rideshare accidents
- Pedestrian accidents
- Bicycle accidents
- Slip and fall accidents
- Dog bites
- Swimming pool accidents
- Dangerous product injuries
- Negligent security incidents
- Medical malpractice
We have also seen how fatal injuries end the victim’s life while starting years of heartache for survivors. If your case falls under one of these categories, it’s essential to speak with an attorney from our team before entertaining any settlement offer.
How a Personal Injury Lawyer Will Determine the True Value of Your Claim
Most accident victims are stunned when they see the full breakdown of their damages. That’s because injuries carry both obvious and hidden costs—and the hidden costs can even go unnoticed by the person suffering them. While a survivor sees only “pain” or “inconvenience,” we see recoverable damages that entitle them to compensation.
One of our lawyers’ jobs will be to uncover every single category of compensation the law allows, not just the ones the insurer voluntarily acknowledges.
Before any negotiations begin, our attorneys will review your medical records, imaging results, bills, income statements, family impact statements, and long-term prognoses. We want a clear, evidence-backed picture of how the injury has affected your life—and how long those effects will last.
By the time settlement negotiations begin, we will know exactly how much money you are entitled to. Lowball offers will be a waste of time, as insurers will know we’re only interested in a fair settlement.
How Lawyers Negotiate With Insurance Companies
Negotiating with an insurance company is nothing like negotiating for a car or a home. This is a technical, evidence-heavy process, and insurers often come out swinging with denials, delays, and claims that your injuries aren’t as serious as you say they are.
A well-prepared lawyer—the only type of lawyer you’ll find at Englander Peebles—anticipates these tactics. We know the games insurance companies play, and we are ready. Our approach to insurance settlement negotiations involves:
- A carefully crafted demand package
- Firm, professional responses to insurers’ counteroffers
- The clear message is that, if insurers do not offer a fair settlement, we are ready to litigate
We don’t play games. Our singular goal is to secure a fair settlement for our client, or else we will get on with the trial.
What a Fair Insurance Settlement Should Cover
Each of our clients’ settlement demands looks different. Their injuries and symptoms are unique, so their settlements are, too. The commonality between each settlement is that they include compensation for two primary damage types:
Economic Damages
Economic damages have an objectively measurable financial cost, and some common examples are:
- Medical expenses
- Lost income
- Loss of future earnings
- Property damage costs
- Medical equipment
- Home modifications
Economic damages tell only part of the story of an injured party’s hardship. Non-economic damages are equally important.
Non-Economic Damages
These damages compensate for the consequences of the injury that don’t show up on bills or estimates, such as:
- Physical pain
- Emotional distress: This includes anxiety, depression, and trauma.
- Lost quality of life
- Disfigurement
- Post-traumatic stress disorder (PTSD)
- Anxiety
- Depression
- Non-economic harm associated with a disability
We also see the tragic toll that strikes when someone loses their life.
Wrongful Death Damages
Wrongful death damages address both financial and non-economic losses suffered by surviving families, which can include:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship
- Loss of parental guidance
- Grief and other forms of emotional anguish
- Psychological distress
Settlements covering these damages help surviving families rebuild their lives and move forward, one moment at a time.
Frequently Asked Questions
Knowledge is power, and we want to provide you with the answers you need. Some of the questions we hear often from those who have suffered an injury and are seeking justice are:
1. What if I already told the insurer I felt “fine”?
People make such comments for various reasons, including stress, shock, politeness, or toughness. While we encourage you not to make any similar comments going forward, saying that you’re “fine” does not mean your case is over.
A lawyer from our team can contextualize or correct the statement as we work to secure the compensation you deserve.
2. Should I give the insurer a recorded statement?
Not until you engage your lawyer from Englander Peebles. Recorded statements can work against you, so have us protect you before you give one.
3. How long will securing my settlement take?
The timeline depends on the specifics of your injuries, the duration of your medical treatment, and the progression of negotiations. Securing a strong settlement can take time, and we will make sure you have everything you need to remain patient.
Why You Should Hire a Lawyer as Soon as Possible
Virtually every aspect of personal injury and wrongful death cases is time-sensitive. Gathering evidence alone is an urgent undertaking, and filing deadlines give you even more reason to reach out right away.
Quick action helps your case. Hiring a lawyer early ensures:
- You control the communication
- You preserve the evidence
- Recorded statements are accurate
- You document the medical care
- Negotiations start from a position of strength
The sooner a lawyer from our team becomes involved, the stronger your case will become.
Call a Personal Injury Attorney Today Before Time Runs Out
Here’s the reality: Florida’s statute of limitations is not generous, and missing it means you lose your right to compensation entirely. No extensions. No exceptions.
Furthermore, the longer you wait, the more difficult it becomes to gather evidence and the easier it is for the insurer to challenge your case.
There’s no reason to hesitate. Englander Peebles works on a contingency fee basis, which means you pay nothing upfront and incur no out-of-pocket expenses to retain us. There is zero financial risk in making the call.
Contact Englander Peebles today at (954) 500-4878 or online to schedule your complimentary consultation with a skilled personal injury attorney.