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This blog delves into the crucial decision-making process for a personal injury victim faced with an offer from the insurance company. Picture this: A victim is driving on the Pennsylvania Turnpike when a tractor-trailer sideswipes their car, resulting in severe back and neck injuries. The aftermath includes reconstructive hip surgery to address the damage caused by the tractor-trailer driver’s negligence.
As the case progresses, it is almost inevitable that, just before trial, the insurance company representing the trucking company will present an offer. Let us say the offer is $250,000. Now, the burning question arises for the personal injury victim: Should they accept or decline an insurance offer?
To Accept or Decline an Insurance Offer
Typically, clients turn to their attorneys seeking guidance on this pivotal decision. The attorney, in turn, should emphasize certain conditions tied to any lawsuit. Importantly, the jury in Pennsylvania is prohibited from being informed about the offered amount. This means that during trial, the jury will not be aware that the insurance company extended a $250,000 offer.
In simpler terms, there is a risk associated with rolling the dice and opting for trial. The jury might decide on an award significantly lower than the offered $250,000. In such a scenario, the victim not only receives a reduced amount but also incurs additional expenses—expenses that could have been avoided by accepting or declining an insurance offer. For instance, a surgeon may charge $3,000 for testifying in the case, an expense that would not have been necessary if the offer had been accepted.
Of course, the other side exists. The victim might decide to go to trial, and the jury could award $500,000 for their injuries, making the trial worthwhile.
The overarching message here is that deciding whether to accept or decline an insurance offer involves substantial risks. While your attorney can provide their best advice, the ultimate decision rests with you. It is a delicate balance between potential gains and the inherent uncertainties of a trial. Your attorney guides you through the legal landscape, but the final call on accepting or declining an insurance offer or proceeding to trial is yours to make.
Our main focus is honesty. We always preach it. We are passionate about trying to help any injured person or family member with their case. Questions about the blog? CALL US!
Bernard Tully Allegheny County Car Accident Lawyer. Phone: 412-281-8700 and 1-800-518-0050
