Cashing the check may waive your right to additional compensation
Most insurance checks are pre-printed and include a waiver notice. Typically, this waiver involves language which states that you waive your rights to future legal action and further compensation by cashing that check.
In some cases, insurance companies will send you a check for the damages it feels you’re entitled – which they may or may not have honestly appraised – to compensate you for your losses. It is recommended not to cash the check. Once you cash the check, you have essentially accepted the offer as is and the chances of receiving any residual compensation becomes very unlikely. In this case, a personal injury attorney would walk you through all the ins and outs as it relates to insurance company tactics.
Insurance companies are always going to try to pay you the lowest amount possible. You may not be aware, but it may be a very low amount in proportion to the maximum you could legally recover. But if you cash that check, you will very likely be limiting your recovery to that amount.
Before cashing any insurance check, consult with an experienced personal injury attorney. Avoid signing the check, and, if possible, do not even tear the check away from the check stub. Retain the envelope, so you have a clear record of when the check was received. It will help to make it clear that you are not necessarily interested in settling for that amount.
Major points to consider before accepting a settlement:
You may refuse the first offer. You should do this in writing to the insurance company. Set forth the facts of the case, your injuries, and the value of your auto accident settlement.
After establishing the value of your claim, decide upon a number range that you feel would be fair compensation for your claim settlement.
Let the insurance adjuster make the first offer. Keep in mind, they will have decided on a range as well. This first offer will give you the low end of her range.
Start at the higher end of your range and explain the circumstances that prompted you to come up with this figure.
Do not ask for an outrageous and unreasonable amount just because you think the insurance company “can afford it”. That won’t bring you any closer to settling your claim.
Asking for more than the amount of the first offer opens the door to further negotiations is perfectly fine. Be reasonable.
Does it cover your losses to the full extent?
It is first important to determine whether your harm is effectively accounted for by the settlement offer. Not every person has the right to settle for the complete value of their loss. In some cases, the terms of the insurance policy legitimately exclude the losses of individuals.
That said, if you have losses that are not accounted for in the settlement check and you think those losses should be covered under the terms of your policy, you should continue fighting. An experienced attorney can assist you in making a claim for personal injury.
The Hollingsworth Law Firm is a firm you can trust to represent your best interests with honest and expert legal experience. We understand what you and your loved ones are going through, and have been helping personal injury victims like you through the years. We can help you obtain the monetary compensation that may be owed to you
About The Author
Steve Hollingsworth
Steve Hollingsworth is a seasoned trial attorney with extensive experience across Texas. After beginning his career as a felony prosecutor, Steve went on to represent major insurance companies before focusing on helping individuals injured in car, motorcycle, trucking accidents, and premises liability cases. Founder of his own firm, Steve is committed to providing personalized, client-focused legal representation to ensure justice for those he serves.
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Our client was struck on the driver’s side of the vehicle by a commercial truck, the negligent driver fled the scene after the accident.
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Testimonials
Awesome Attorney
I was a client of Steve Hollingsworth. I was totally satisfied with his representation of me. He was very helpful in answering all my questions and always kept me updated on the status of my case. I am very happy with the settlement of the case and would highly recommend him to anyone looking for legal advice.
Rossana Former Client
Houston’s Best Consultation!
Steve was just great! Very easy to work with, communicates really well and most importantly sets realistic expectations. He is very straightforward and promptly responds to all your questions. I would definitely recommend Steve and would not hesitate to hire him in the future.
Anonymous Former Client
Very Accommodating and Caring
Steve and his assistant Kristina takes care of all my requests right away. Steve personally calls on issues and keeps me updated on the developments of the case. Got me a great settlement! Would highly recommend!
Mila G. Former Client
Rear End Case
Mr. Hollingsworth was an excellent lawyer in my case. He kept me up to date and informed through the whole process. He was always honest and fought hard in my case. He comes highly recommend.
Anonymous Former Client
Awesome!!!!!
I have no complaints; Steve did a very good job on explaining the details on everything that I was going through with my case. Steve got my case settled in no time, I will sure spread the word about Steve he is a very great lawyer.
Sara Former Client
Review
I liked how Steve explained everything, so I knew what I was getting in to. Steve got me what I deserved in no time. I would recommend him to anyone.
Andrew Former Client
Steven and I attended law school together and I have known him since 2000. He was stellar in representing a close friend with a personal injury matter. I have been very impressed with his communication, dedication and thoroughness in representation.
Pamela V. Attorney from Cypress, TX
Steve is the real deal! He is an extremely invaluable resource on all things Litigation for me as a younger attorney. He is not only great a securing the bigger verdicts, but actually cares about the clients and still sticks by his tried and true method of meeting, in person, with his clients to go over facts .
overall, a solid attorney, with a wealth of knowledge!
Crystal H. Attorney from Houston, TX
Steve and I were colleagues, where we worked on complex personal injury and wrongful death cases. What I observed in the years we worked together is that Steve is not only extremely skillful in his profession, but he is a tireless student of the law, constantly working to perfect the art of practicing law.
He genuinely cares about his clients and their cases and it shows. He has excellent work ethic. He is not only a terrific lawyer but also a great person. As a fellow member of the State Bar of Texas, I would recommend Steve to anyone needing a zealous advocate in a personal injury case.
Vivian E. Attorney from San Antonio, TX
After working with Steve for a couple of years, I found Steve to be an outstanding, aggressive and highly skilled lawyer in the courtroom. His confidence and knowledge of the courtroom and what it takes to succeed there, I believe will ensure his long term prosperity.
Robin T. Attorney from College Station, TX
I had the pleasure of working on a trial with Steven last August. His background as an ADA is clearly evident in the courtroom. Steven’s presentation of the evidence throughout trial is that of a seasoned attorney who has spent many hours in front of a jury.
His opening/closings were excellent, as well as his strategic litigating throughout the trial. Steven is a consummate professional and a pleasure to work with, and watch in the courtroom.
James H. From Miami, FL
When I met Steve, I was a legal assistant at a Plaintiff’s firm and he was working as an attorney for AIG. We connected there and then. Steve is a likable guy and an outstanding trial lawyer. He is charismatic and jurors like him.
He is a Plaintiff’s lawyer now and he has the right skill set to represent injured individuals: he is compassionate, honest, and sincere and will go the extra mile for his clients. I’ve known Steve for almost 8 years now and I’m excited to see his career evolve.
Alice L. Attorney in Houston, TX
Professional and Thorough
I used Steve Hollingsworth for a personal injury case following a car accident. He was very easy to work with and managed my expectations regarding costs, time commitment/duration, filing suit etc. Steve kept me informed during the process and always made sure I understand what everything meant.
My case took about 18 months to resolve, ending in mediation after filing suit and he pushed hard to make sure my best interest was represented and to ensure that I had the best possible (and fair) outcome.
I hope I never have a personal injury claim again but if I do, I would absolutely consult with Steve. He exceeded my expectations and made the process as painless as possible. I would high recommend him.
Jessie Former Client
About Hollingsworth Law Firm
Our aggressive personal injury trial attorneys at the Hollingsworth Law Firm are committed to fighting for the compensation you deserve. If you are the victim of an automobile accident, airplane accident, workplace injury or other catastrophic injury, you need legal advice from a personal injury attorney with proven results you can trust. Our dedicated legal team is proud to represent clients across the state of Texas. WE WILL START FIGHTING FOR YOUR RIGHTS TODAY!
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