What To Do When Settlement Negotiations Stall In Your Medical Malpractice Case
Despite your best efforts, negotiations in your medical malpractice case have come to a standstill because the insurance adjuster is either dragging their feet or refusing to offer a fair settlement. While the adjuster wants you to think you have no choice but to accept the status quo, here are two things you can do to force them to move forward.
Escalate to the Next Level
One reason the insurance adjuster feels free to stall on negotiations is they think you don't know what options are available to you to resolve the stalemate. Doing something as simple as contacting the person's supervisor, though, will show them that's not true and motivate them to come back to the negotiation table.
Even though the supervisor also works for the insurance company, if you can show the adjuster is being unreasonable or acting in bad faith, the supervisor will likely fix the situation by forcing the adjuster to rework the offer or assign a new person to the case.
Don't be afraid to continue up the chain of command if nothing significant changes. The more people who review your claim, the more likely someone will do the right thing and offer a fair settlement. If nothing else, persisting in this manner shows you will not go away quietly, and the adjuster may settle just to get rid of you.
You can increase the pressure on the insurance company by posting about your issue on social media. A compelling story that goes viral may force the insurance company to resolve the issue to avoid negative press. However, this tactic can backfire if not done correctly. Consult with an attorney before doing this to ensure it won't hurt your case.
Send Notice of Intent to File a Lawsuit
Another thing that can light a fire under the insurance adjuster is to threaten to file a lawsuit. The reason the adjuster is negotiating a settlement in the first place is to avoid going to court because of the expense involved. It's typically cheaper for the company to settle and cut you a check than pay attorney and court fees to defend a case they may not win.
However, you must be prepared to follow through on the threat. If the insurance adjuster doesn't think you're sincere, they might call your bluff. The threat will be more effective if you have an attorney send a letter to the company announcing your intent. The adjuster will realize you're serious and reinitiate settlement talks.
For more info, contact a local medical malpractice attorney.