Should I take the first settlement offer after a truck crash in NM?

truck accident | first settlement offer

As you recover from injuries after a truck accident on I-40 near Albuquerque, the trucking company's insurer contacts you with a quick settlement offer. While the money would help pay your medical bills, you hesitate to accept it. Is this the best offer you can get?

At Keller & Keller, our New Mexico truck accident lawyers know that insurance companies rarely consider your best interests. Their goal is to close your claim as cheaply as possible, which puts a lot of pressure on you. Accepting a lowball first offer could leave you paying out of pocket for accident-related expenses for years to come.

Why Shouldn’t I Accept the First Truck Accident Settlement Offer from the Insurance Company?

While it may be tempting to take the first offer and move on, doing so can have serious consequences:

  • Insufficient funds for future medical needs. Severe truck accident injuries often require ongoing treatment. If you accept a settlement before understanding your prognosis, you may not have enough money for future surgeries, rehabilitation, or long-term care.
  • Inadequate compensation for lost earning capacity. If your injuries prevent you from returning to your previous job, the settlement should account for your diminished earning potential over your lifetime, not just your current lost wages.
  • No compensation for non-economic damages. A fair settlement should also cover intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life. These damages can be substantial in catastrophic injury cases.
  • Waiving your right to further legal action. Once you accept a settlement, you typically sign a release waiving your right to pursue additional compensation, even if your condition worsens or new injuries come to light.

To protect your rights, consult an experienced New Mexico truck accident lawyer before accepting any settlement. At Keller & Keller, we can help you understand the full value of your claim and fight for the maximum compensation you deserve.

Which Factors Should I Consider When Evaluating a Truck Accident Settlement Offer?

Determining a fair settlement amount requires a thorough analysis of your case. At Keller & Keller, we consider every aspect of how the truck accident has impacted your life, including:

  • The severity and permanence of your injuries
  • Your current and future medical expenses
  • Lost wages and reduced earning capacity
  • Property damage to your vehicle
  • Emotional trauma and impact on your quality of life
  • The strength of evidence supporting your claim
  • The insurance coverage available

We’ll gather extensive documentation to prove your losses, such as:

  • Medical records and bills
  • Expert testimony from medical and trucking professionals
  • Statements from eyewitnesses
  • Accident reconstruction reports
  • Documentation of missed work and lost income

The more evidence we have to substantiate your damages, the stronger our position is to negotiate a fair settlement to ensure you receive compensation for all economic and non-economic losses you've suffered.

What Are Common Insurance Company Tactics to be Aware of?

When dealing with trucking insurance companies, watch out for tactics to minimize your payout. These may include:

  • Offering a quick, lowball settlement before you understand the full extent of your injuries
  • Requesting a recorded statement in hopes you'll say something to undermine your claim
  • Pressuring you to sign a blanket medical authorization, giving them access to your medical history
  • Disputing the severity of your injuries or arguing that they were preexisting
  • Shifting blame for the accident onto you and using New Mexico’s pure comparative negligence rule to reduce your compensation

Remember, insurance adjusters are trained to protect their company's bottom line. No matter how friendly they seem, they are not on your side. Let your New Mexico truck accident lawyer handle all communication and negotiation with the insurance company.

How a New Mexico Truck Accident Lawyer Can Help

Trucking companies and their insurers have teams of lawyers working to minimize payouts. You need an aggressive advocate in your corner to level the playing field. At Keller & Keller, we have a proven track record of successfully handling truck accident claims. We can:

  • Investigate your accident to identify all liable parties
  • Gather evidence to build a strong case for compensation
  • Handle all communication and negotiation with the insurance company
  • Advise you on the fairness of any settlement offers
  • Take your case to trial if a fair agreement can't be reached

Don't let the trucking company pressure you into accepting a lowball settlement. The experienced New Mexico truck accident attorneys at Keller & Keller can advocate fiercely for the full and fair compensation you need to rebuild your life. 

James R. Keller
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Partner at Keller & Keller