Made a claim for compensation but not happy with the settlement amount that’s been proposed? It’s not being ungrateful to dismiss a poor offer. You deserve the correct amount of compensation and should push to make sure you’re not left disappointed.
If you’re ready to fight to get the compensation claim you are owed, and not the low-ball sum you’re being offered in an attempt to get rid of you, then this quick guide promises to provide all the key details you need to know.
Decline The Settlement And Reopen the Case
The first step is a simple one. Just say no to the offer. Be blunt and upfront and show that you’re not going to be a pushover. Refuse the settlement amount but don’t immediately rebuke the offer. Instead, simply reopen the case and move onto step two:
Prepare A Greater Body Of Evidence
The value of your compensation claim is based on a variety of factors. It’s not simply a case of “X” happening so here’s “Y” amount of money. The greater the impact of the problem caused, the greater the levels of compensation.
For example, if you’re making an injury claim, the primary factor will be the severity of the injury. However, you’ll also have other measurements of impact, including how it’s changed your day-to-day life, any stress as a result, the negligence that resulted in the injury, the support you received following the incident and so on. Each of these pieces adds up to a larger claim.
In order for all these factors to be considered in your claim, though, you need to be documenting evidence and providing proof. Did you need to see a therapist due to PTSD from the incident? Include details. Did you have extended time off work as a result? Get references from your employer.
The larger the mountain of evidence you have, the harder it will be for the organisation you are claiming against to refute the true value of your compensation.
Get Support From A Claims Management Specialist
Facing a compensation claim alone is your biggest risk of taking an undervalued settlement. Why? Because it’s unlikely that you’re a compensation expert, so you’re not going to know how much your claim is worth. You might have heard stories from friends and family about how much they got in claims cases, but since every claim is unique, you can’t really draw a fair comparison.
Claims management companies use a dynamic range of systems, including working with legal experts and tracking cases using claims management software to form an accurate evaluation for your claim. Knowing how much your claim is really worth, they can help you push for the best possible settlement. There is also the added benefit that giving over management of your claim to a claims management service can save you a lot of hassle and speed up the time it takes to receive your settlement payout.
Make A Counter Offer
With your evidence on the table, and support at your back, you can now make a counteroffer for the right amount of compensation you are owed. You might find that the organisation against which you are claiming accepts, returns a new offer or declines altogether. Your reaction will depend on the result:
- Declined — If you and your claims management agency believe you are being offered inadequate compensation and the organisation in question refuses to acknowledge this, you can consider legal action to have the correct amount awarded in court by a judge.
- New Offer — If your compensation request is responded to by a better offer, then you can consider whether it is enough to settle for. For example, you may have been offered $10,000 initially, returned with a claim for $20,000 and been offered $17,000. It is at this point you can make the decision to either agree or keep pushing. You are free to carry on pushing until you reach the claim you want, but be aware that offers can be removed at any time.
- Proposal Agreed — You might find that your evidence and persistence is enough to be awarded the full amount of compensation you deserve without further challenge. In which case, you’re done and can now rest easy.
Key Points To Remember
Organisations know they have a legal obligation to pay appropriate compensation and are aware that failure to do so could result in costly legal battles and damage to reputation they’d rather avoid. However, they are not going to pay out on anything they can get away with not having to pay. By working closely on your compensation case, using evidence and sourcing help from experts, the chances of you achieving a more satisfying claim settlement are exceptionally high.
