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Should you accept a settlement offer from an insurer?

By: Jordan Thompson, Associate Lawyer

You have been involved in an accident and have received an offer from an insurance adjuster. Should you accept it?

The most important thing to remember when decided to accept an offer from an insurance adjuster is that once a case is settled, then it is settled. You are only going to get one settlement. Therefore, before accepting any offer, you need to ensure your future losses are protected.

That means if you are not at ‘maximum medical improvement’ then it is not wise to accept an offer. You want to go through your recovery to ensure that the future is more certain. Otherwise, you may not receive full compensation for your injuries.

It is important to know how the Courts value the various heads of damages that make up a personal injury claim. The heads of damages are general damages for pain and suffering, loss of income (past and future), loss of valuable services, and cost of care. Each head of damages has tests that the Courts apply to determine quantification of the claim.

Many insurance adjusters when making a settlement offer to an injured party state that damages are “capped”. There is a minor injury cap in place in New Brunswick, but it important to remember this only applies to general damages and only applies if you do not suffer a substantial inability to perform the essential tasks of your employment or training and education or normal activities of daily living and that the substantial impairment is not ongoing and expect to improve.

If you have any questions on a settlement offer received from an insurance adjuster, the Mike Murphy Accident Team will be happy to set up an appointment or consultation to review your case. If retained, we will hire the best experts to ensure you receive fair compensation from the defendant’s insurance company. We will answer all questions and advise you the whole length of the claim.

If you believe you have a claim and would like to set up a free consultation, please give us a call.

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