Q & A Table of Contents
They All Agree I'm Disabled, But I'm Still Inadequately Compensated
From: John, Lompoc, California
Question: I receive a monthly payment from an insurance company for permanent disability. I have been evaluated by my doctors, their doctors, and it wouldn't surprise me if someone threw in your doctors. My point about the doctors was there is no question of the disability not being real.
I believe it would be advantageous for both the insurance company and for me to just settle in a lump sum. I realize negotiating (in a formal setting) is not something I have experience in and I do not personally know a lawyer that is real experienced in this. Is this issue one an average person can deal with by following common sense and mutual respect along with information gleaned from your website or do I find a professional?
Response: There are many lawyers who specialize in helping disabled people collect appropriate support and/or compensation. Like all professionals and other business people, they work in order to make money. You may find there is a public agency that will mediate or look for a solution acceptable to all the parties.
You need to find out who makes the decisions for the insurance company -- and whether they use staff attorneys to negotiate agreements or have another process. If the insurance company deals with situations like yours as legal matters or even cases for litigation, it may well be that you can find a lawyer to represent you who will pursue not only cash to support you but also get the insurance company to pay for wrongfully withholding appropriate payment. That could mean your lawyer's share comes from a bigger pie and doesn't do much damage to your overall compensation.
Don't talk with only one lawyer or law firm; shop around to find out who is willing to commit to what kind of deal before you agree to anything.
If the insurance company is prepared to negotiate in good faith, treating your situation as a matter of finding appropriate measurements for how much payment you should get, it may possibly be worth taking the chance of dealing directly with them. You need to find other people who receive payments from the company who can tell you how their settlements were reached and what their experiences were in dealing with the company. That will help you develop a sense of the best approach.
You may also want to approach the insurance commission of the state for advice. They may have experience with the company that will help you in your calculation of the risks involved.
Whether you go forward on your own or use an attorney, it makes excellent sense to do as much independent research as possible. In addition to using my website and, if you wish, reading my book, I am sure the local library and bookstores have many books on negotiation as well as compensation from insurance companies you can read to get prepared.
Good luck,
Steve
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