After a serious accident, many people believe the insurance company will fairly assess their losses and offer compensation that truly reflects their injuries. Sadly, this is rarely the case. Insurance companies are businesses focused on making a profit. They succeed by collecting premiums and paying out as little as possible on claims. Because of this, many seriously injured people in Illinois get settlement offers that do not cover all their medical bills, lost income, pain and suffering, or future needs.
At Hess Injury Law Firm, we often meet people who are surprised by how low the first offer from the insurance company is. What seems like a fair settlement at first often does not cover the long-term effects of a serious injury. Knowing how insurance companies undervalue claims can help you protect your rights and avoid settling for less than you deserve.
Insurance Companies Begin Evaluating Claims Immediately After an Accident
Many people do not realize that insurance companies start building their defense right after an accident. Within hours or days, adjusters review police reports, look at photos, contact witnesses, and search for anything that might lower what they have to pay.
The insurance company’s investigation is not meant to get you the most money. Instead, they look for weaknesses in your claim and ways to lower the settlement amount. Adjusters are trained to find statements, medical records, social media posts, and other details that could be used to question your claim or reduce your damages.
In serious injury cases, insurance companies often try to cast doubt on how severe the injuries are. They might say some conditions existed before the accident, that treatment was too much, or that the person recovered faster than doctors say.
If you live in Hoffman Estates, Schaumburg, Palatine, Arlington Heights, Rolling Meadows, Elk Grove Village, Streamwood, Hanover Park, Inverness, or East Dundee, remember that the insurance company is not on your side. Their goal is to settle your claim for as little as possible.
Insurance Adjusters Often Downplay The Severity Of Serious Injuries
A common way insurance companies undervalue claims is by downplaying how serious the injuries are. This happens even with major injuries like spinal damage, brain injuries, broken bones, permanent disabilities, or injuries that need surgery.
Insurance companies often claim that your injuries are not as bad as your doctors say. They may use doctors who never meet you, but just review your records and give opinions that help the insurance company.
Serious injuries can affect people long after the first treatment is over. Ongoing pain, trouble moving, future surgeries, rehab costs, emotional stress, and lasting physical limits can change your life for years. Still, insurance companies often only look at current medical bills and ignore what might happen later.
This approach can greatly lower the amount you receive. If you accept an early settlement, you might later find that your ongoing medical care, lost income, and future health costs are much higher than what the insurance company paid.
Insurance Companies Frequently Challenge Medical Treatment
Another way insurance companies try to lower claims is by questioning your medical treatment. Adjusters often go through every detail of your medical records to find reasons to reduce what they pay.
If you wait to get medical care after an accident, the insurance company might say your injuries were not serious. If your treatment lasts a long time, they may claim it was not needed. If you see specialists, get therapy, injections, or surgery, they might question if those treatments were really because of the accident.
These arguments can be very frustrating, especially since most people are just following their doctor’s advice. Still, insurance companies often try to replace your doctor’s opinion with their own. When you have a serious injury, having good medical records is very important. Detailed notes, scans, specialist reports, and expert opinions can help show the real value of your claim.
Comparative Negligence Allegations Can Reduce Compensation
Illinois follows a modified comparative negligence system under 735 ILCS 5/2-1116. Under this law, an injured person may recover damages as long as they are not more than 50 percent responsible for the accident. However, compensation is reduced by the percentage of fault assigned to the injured party.
Insurance companies frequently use this law to their advantage.
Even when it seems obvious who was at fault, insurance companies may argue that you share some blame for the accident. They might say you were speeding, distracted, not paying attention, or could have avoided the crash.
If the insurance company says you are partly at fault, they can lower your settlement a lot. For example, if your claim is worth $500,000 and you are found 20 percent at fault, you could only get $400,000.
In many cases, comparative negligence arguments are exaggerated or unsupported by the available evidence. A thorough investigation often reveals that the insurance company’s fault assessment is inaccurate.
Future Damages Are Often Ignored Or Undervalued
One of the biggest mistakes injury victims make is focusing only on current losses rather than future damages.
Serious injuries often create lifelong consequences. A person may require future surgeries, ongoing rehabilitation, assistive devices, home modifications, long-term medication, or permanent medical monitoring. In addition, many accident victims experience reduced earning capacity when injuries prevent them from returning to their previous occupation.
Insurance companies frequently ignore these future losses during settlement negotiations.
Instead, they focus on past medical bills and recent wage loss while minimizing future economic damages. This approach can significantly undervalue claims involving catastrophic injuries. Proper claim evaluation often requires consultation with medical experts, vocational rehabilitation specialists, life care planners, and economists who can project future costs over the course of a victim’s lifetime.
Pain And Suffering Damages Are Often Targeted For Reduction
Unlike medical bills and lost wages, pain and suffering damages do not come with receipts or invoices. As a result, insurance companies frequently challenge these damages more aggressively than any other component of a claim.
Serious injuries often affect every aspect of a person’s life. Physical pain, emotional distress, anxiety, depression, loss of enjoyment of life, and permanent limitations can be devastating. Despite these realities, insurance companies frequently attempt to place an artificially low value on these losses.
Adjusters may argue that the victim has largely recovered, that activities have returned to normal, or that emotional suffering is overstated. In reality, the effects of serious injuries can extend far beyond what appears in medical records alone.
Properly presenting pain and suffering damages often requires a comprehensive understanding of how injuries have impacted every area of the victim’s daily life.
Why Legal Representation Can Make A Significant Difference
Insurance companies are sophisticated organizations staffed by adjusters, investigators, defense attorneys, and consultants whose primary objective is protecting the company’s profits. Injury victims should not be expected to navigate this process alone.
An experienced personal injury attorney understands how insurance companies evaluate claims and the strategies they use to reduce compensation. Legal representation allows injured individuals to level the playing field and ensure that all categories of damages are properly documented and pursued.
At Hess Injury Law Firm, attorney Matt Hess brings a unique perspective to injury cases. Before becoming an attorney, he worked for one of the nation’s largest insurance companies and saw firsthand how insurers handle claims behind the scenes. That experience provides valuable insight into the tactics insurance companies use when attempting to minimize settlements.
The firm carefully investigates every case, develops strong supporting evidence, works with medical and financial experts when necessary, and aggressively negotiates with insurance companies to pursue full and fair compensation.
Frequently Asked Questions About Insurance Companies and Serious Injury Claims
Why Do Insurance Companies Make Low Settlement Offers?
Insurance companies are businesses focused on profitability. Initial settlement offers are often designed to resolve claims quickly and for the lowest amount possible before the full extent of injuries becomes apparent.
Should I Accept The First Settlement Offer From The Insurance Company?
In most serious injury cases, accepting an early settlement offer can be risky. Once a settlement is finalized, additional compensation generally cannot be pursued, even if future complications arise.
Can An Insurance Company Deny That My Injuries Were Caused By The Accident?
Yes. Insurance companies frequently argue that injuries resulted from pre-existing conditions or unrelated incidents. Medical evidence and expert testimony are often necessary to establish causation.
How Does Illinois Comparative Negligence Affect My Claim?
Under the Illinois modified comparative negligence law, compensation may be reduced by your percentage of fault. If you are found more than 50 percent responsible, recovery may be barred altogether.
What Damages Can Be Recovered In A Serious Injury Claim?
Potential damages may include medical expenses, future medical care, lost wages, loss of earning capacity, pain and suffering, emotional distress, disability, disfigurement, and loss of normal life.
How Long Do I Have To File A Personal Injury Lawsuit In Illinois?
Under 735 ILCS 5/13-202, most personal injury lawsuits must be filed within two years of the date of the injury, although exceptions may apply in certain circumstances.
Protect Your Right To Compensation Before Time Runs Out
If you suffered a serious injury in Hoffman Estates, Palatine, Schaumburg, Rolling Meadows, Arlington Heights, Elk Grove Village, Streamwood, Hanover Park, Inverness, East Dundee, or anywhere in Illinois, do not assume the insurance company’s offer reflects the true value of your case.
Hess Injury Law Firm understands how insurers evaluate claims and the strategies they use to reduce compensation. The firm fights to ensure injury victims receive the full consideration their cases deserve.
Why contact Hess Injury Law Firm?
- Attorney Matt Hess handled insurance claims before becoming a lawyer and understands how insurers operate.
- The firm has recovered millions of dollars for injured clients.
- Every case receives personalized attention and strategic planning.
- You can get a free consultation any time, day or night.
- You do not pay any attorney fees unless we recover compensation for you.
Hess Injury Law Firm is available 24/7 to provide free personal injury consultations for accident victims and their families. Contact our Hoffman Estates personal injury lawyer by calling (847) 708-4377 to receive your free consultation. Be sure to read our client reviews.
Deadlines do not wait. The right legal guidance can make the difference between recovery and losing your claim forever.
