In most personal injury cases, you will likely receive catastrophic injury benefits offer in writing after your medical bills and other information regarding your injury has been gathered.
However, receiving a settlement offer does not mean you have to sign the paperwork immediately. Some insurance companies will send a low settlement offer due to incomplete medical documentation in catastrophic injury cases or lack of evidence proving the seriousness of your injury.
The first settlement offer is usually just a starting point that you or a lawyer can negotiate.
Key Takeaways
- Catastrophic injury benefits are designed to cover severe injuries but are often undervalued by insurance companies.
- You do not have to accept the first settlement offer—negotiation is expected.
- Keep detailed records (medical, therapy, lost wages) to strengthen your claim.
- Catastrophic personal injury claims handlers work for the insurer—not for you.
- An experienced personal injury lawyer in Lafayette can help you fight for fair catastrophic injury compensation.
Why You Should Never Settle Early on Your Catastrophic Injury Benefits Claim
The catastrophic personal injury claims handler may argue you were partly at fault for your injury or conclude it was not significant. It’s essential that you keep copies of all your medical records or therapy sessions for your catastrophic injury lawsuit so you can receive compensation.
This type of documentation can be vital to your case. Insurance companies do not look out for the best interests of the person suffering an injury, and they have nothing to lose if you settle for their low offer. In fact, their goal is to convince you to accept the lowest offer possible.
Often times, people will decide to take the first catastrophic injury benefits offer because they are struggling financially. It can be hard to refuse an offer when the bills are overwhelming.
If you have been injured in an accident and are seeking a claim, you need the help of one of our lawyers in Lafayette. Our attorneys know how to negotiate your claim and can help you receive the right settlement for your injuries. If you or someone you love has suffered an injury due to another person’s negligence, it’s time to fight for the right settlement.
Catastrophic injury insurance claims can be hard to understand, and you may be unsure about how to request a higher amount for your medical expenses related to injury.
The Law Offices of Blaine Barrilleaux has lawyers in Lafayette who are ready to help you receive the catastrophic injury benefits you deserve through an injury attorney for your injuries. If you’re uncertain on how to negotiate a settlement offer, we can help.
Why Do Insurance Companies Offer Low Settlements for Catastrophic Injury Benefits?
Receiving a low settlement for your catastrophic injury benefits isn’t just common—it’s a deliberate strategy. Insurance companies, including catastrophic injury insurance providers, use several tactics:
Assuming Financial Pressure
They know you have medical bills, possibly missed work, and family responsibilities, and they hope you’ll accept quick cash.
Minimizing Future Costs
They might ignore long-term treatments like surgeries or therapy.
Exploiting Incomplete Documentation
Without comprehensive records, they’ll argue your injuries aren’t as serious.
How Catastrophic Injury Benefits Differ from Standard Claims
While standard personal injury claims cover moderate injuries, catastrophic injury benefits are intended for life-altering injuries, such as:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries (paralysis)
- Amputations
- Severe burns
- Multiple fractures
Because catastrophic injury insurance involves larger payouts, insurers are even more motivated to lowball your settlement.
Catastrophic personal injury claims handlers may:
- Argue shared fault (saying you contributed to the accident).
- Downplay future medical needs.
- Ignore emotional trauma or quality of life impacts.
That’s why negotiating your catastrophic injury compensation is so crucial.
The Emotional Toll of Catastrophic Injuries
For many victims—especially parents—the stress isn’t just about medical bills. Catastrophic injuries often mean severe physical pain :
- Losing the ability to work.
- Struggling with physical limitations while raising kids.
- Facing lifelong rehabilitation.
Insurers rarely factor in emotional distress, but these elements are compensable under catastrophic injury benefits.
Catastrophic injury compensation under personal injury law, should account for:
- Loss of enjoyment of life.
- Emotional distress from changed family dynamics.
- Psychological trauma (like PTSD).
Step-by-Step Guide to Handling a Low Settlement Offer
Don’t Accept Right Away
It’s tempting to grab the first offer, especially in cases like motor vehicle accidents —especially when bills are stacking up. But insurance adjusters expect you to negotiate.
Catastrophic personal injury claims handlers may say things like:
- “This is the best we can do.”
- “You won’t get more in court.”
Don’t be intimidated.
Gather Comprehensive Documentation
To strengthen your position, collect:
- Medical records (past, current, and future treatment plans).
- Therapist or counselor records (if suffering emotional trauma).
- Proof of lost wages and projected future earnings.
Know the Value of Your Claim
Ask yourself:
- How much will future treatments cost?
- How has this injury affected my ability to care for my family?
- What is the emotional toll of my injury?
An experienced personal injury lawyer can help calculate these costs.
Make a Counteroffer
Don’t feel pressured to accept the insurer’s valuation. You (or your lawyer) can make a counteroffer backed by evidence. There may be multiple rounds of negotiation.
Example: If your catastrophic injury benefits offer is $50,000, but your projected medical costs are $75,000, plus lost wages of $20,000, you can counter with a documented demand.
How to Strengthen Your Catastrophic Injury Compensation Claim
Wondering how to increase your catastrophic injury compensation? Here’s how:
- Document everything: Photos, journals about your pain levels, how the injury affects daily life.
- Seek medical evaluations from specialists, not just general practitioners.
- Get expert opinions on future medical needs (e.g., surgeries, physical therapy).
- Work with a personal injury lawyer familiar with catastrophic injury insurance.
Frequently Asked Questions About Low Settlement For Personal Injury Claim
Why does catastrophic injury insurance offer such low settlements?
Catastrophic injury insurance providers aim to minimize payouts because these claims involve high-cost injuries. They hope you’ll accept a quick, low offer to avoid lengthy negotiations.
Can I negotiate with catastrophic personal injury claims handlers myself?
You can, but it’s risky. Claims handlers are trained negotiators working for insurance companies. A personal injury lawyer levels the playing field.
How does my injury severity affect my catastrophic injury benefits?
The severity of your injuries, including permanent disabilities or future surgeries, directly impacts your catastrophic injury compensation. The more documented long-term effects, the higher your settlement can be.
What should I do if my catastrophic injury insurance denies my claim?
If your catastrophic injury insurance denies your claim, don’t assume it’s the final word. Insurance companies often deny claims hoping that you won’t challenge the decision. The best step is to consult a personal injury lawyer who can review the denial, gather necessary evidence (like medical records or expert testimony), and appeal the decision. You have rights, and catastrophic injury benefits are meant to cover your losses.
How long do I have to respond to a catastrophic injury benefits settlement offer?
Most catastrophic injury insurance offers come with a response deadline, but that doesn’t mean you should rush. Typically, you’ll have 30 to 60 days to review and respond. It’s important to use this time wisely—consult a personal injury lawyer who can help you evaluate whether the offer fully covers your catastrophic injury compensation, including future medical costs and emotional distress.
Can I still receive catastrophic injury benefits if I was partially at fault?
Yes. Louisiana follows comparative fault rules, which means even if you were partially at fault, you can still receive catastrophic injury compensation. However, your settlement amount may be reduced by your percentage of fault. For example, if you’re deemed 20% responsible, your settlement could be reduced by 20%. A catastrophic personal injury claims handler may try to inflate your level of fault—a skilled personal injury lawyer can challenge these tactics.
Contact A Lawyer in Lafayette to Discuss Your Catastrophic Injury Benefits
We know insurance companies tend to low-ball settlements that won’t cover all the medical bills or the pain and suffering you’ve experienced. We understand that settling a claim takes time and that you may feel rushed to settle.
Do not feel like you have to rush the settlement. We don’t want you to settle for less compensation when you could receive more from your catastrophic injury insurance. If you or someone you love is seeking a settlement claim, you need to contact the Law Offices of Blaine Barrilleaux to talk with a catastrophic injury lawyer in Lafayette.
We want to help our clients gain the compensation they deserve for their injuries, so they can get their lives back. Call us today at (337) 989-1212. We are ready to help you receive the settlement you’re entitled to for your injuries and the pain and suffering you may have endured.