How to Handle a Low Settlement Offer from Sedgwick CMS

When we talk about personal injury claims, we often refer to insurance companies rather than the company that’s being sued. That’s because victims have to file an insurance claim and try to negotiate a settlement without court intervention. If they’re unable to agree on the numbers or the insurance company acts in bad faith, the victim can pursue a lawsuit against the liable party. But contrary to popular belief, injury claims are not always handled by an insurance company.

Big box stores and other major retailers deal with thousands of compensation claims ever year. Many of these companies are self-insured, meaning they pay out their own claims rather than paying an insurance company to cover bodily injuries and property damage. But most self-insured businesses do not process their claims in-house, and instead, outsource these to a third party claims adjuster.

Sedgwick Claims Management Service, also known as Sedgwick CMS or Sedgwick, is one of these third party administrators. They have an impressive client list that includes Target, Walgreens, General Electric, Sears, and Kroger, just to name a few. So if you were injured while on the premises of a major retailer, there’s a good chance your accident claim is being handled by Sedgwick.

At this point, you’ve probably received an offer from Sedgwick regarding your damages, and are disappointed to find that it’s lower than what you expected. You may be scared and confused, and asking yourself the following questions:

• What are my rights if the insurance company’s offer is too low?
• Can I negotiate with the insurance company, and if so, how do I do that?
• Can a lawyer help me if Sedgwick made me a low settlement offer?
• Should I sue the company if we can’t agree on a settlement?

We want to assure you that you are not stuck with a low settlement offer, and there are solutions to recover the damages you deserve. Legal representation is one of the most effective ways to deal with low compensation amounts, so please contact our office right away. We can assist you with the claims process from start to finish and ensure that you are fairly compensated for your losses.

Sedgwick offered me a Low Settlement; What can I do?

The first thing you should do is to take a deep breath and resist the urge to call the company while you’re still upset. Certainly, it’s frustrating to receive an offer that’s inadequate for the harm you’ve suffered. But we want to assure you that it’s very common for insurance adjusters to make a low settlement offer. Think about it: what makes third party administrators like Sedgwick a preferable option over a traditional insurance company? These companies are working directly with their client’s money, unlike insurance companies, where the retailer pays into a coverage plan. Thus, Sedgwick has to work even harder to save their client’s money, and the best way to do that is paying you as little as possible.

So what are your rights when you’ve received a settlement offer that’s unacceptably low? The best thing to do is make a counter offer and attempt to negotiate a settlement that’s closer to what you’re looking for. But there’s a right way to go about this process, which we will go over in the next section.

Can I make a Counter Offer?

Once you’re calm enough, draft a formal letter to make a case for why the offer is unacceptable. Your letter should be polite and professional, and include the following information:

• A statement clearly indicating that the offer is unacceptable to you.
• References to any inaccurate or false statements in the insurance adjuster’s letter.
• What you believe is an acceptable figure and why it’s appropriate.
• Evidence of the damages you’re entitled to, such as medical bills and proof of lost wages.

We strongly recommend speaking with a lawyer before you send the letter. In fact, it may be best to have a lawyer draft a demand letter for you. Defending your right to a certain amount of money is not easy, especially when you’re going up against people who deny or low ball injury claims for a living. Things become even more challenging if you’re asking for non-economic damages, like emotional distress. The personal injury lawyers of Normandie can help you in many ways, from calculating a fair amount of compensation to gathering the most compelling evidence to support your request. If you’re in need of guidance after receiving a low settlement offer from Sedgwick, contact our office and speak with a California personal injury attorney.

How do I know when it’s Time to File a Lawsuit?

Once you or your attorney sends off the demand letter, there will be a waiting period of several weeks on average before you get a response from Sedgwick. There’s a good chance they’ll increase their offer, but it may still be too low for the damages you’ve suffered. At this point, it’s impossible to say how many rounds of counteroffers will be necessary until you can both agree on the numbers. Here at Normandie, we’ve been able to resolve injury claims in 3 to 4 months, but others have taken a year or more. We generally stick to private negotiations as long as it’s clear that the insurer is trying to reach a compromise.

However, it may be necessary to file a lawsuit if the insurance company refuses to meet us half-way. Sedgwick may also be using bad faith tactics, like purposely delaying their responses in order to hold up your claim. That would be one reason to go ahead and sue the company, but statute of limitations may also be a factor. In California, you generally have two years form the date of your accident to file a claim for personal injury. You may have longer depending on the type of injuries and your personal circumstances, but most accident claims fall under the two-year deadline. Thus, we have to keep in mind how much time we left to file a lawsuit when we’re in the middle of negotiations.

The decision to halt the negotiation process and file a lawsuit is ultimately up to you. Our job as lawyers is to advise you on the pros and cons of a settlement offer and do our best to fight for the funds you deserve. For more information on the lawsuit process, contact the lawyers of Normandie at your earliest convenience.

Can I file a Complaint against Sedgwick CMS?

Bad faith actions regarding your insurance claim can be reported to the California Department of Insurance, which is the regulating agency for insurance companies in the state of California. To file a complaint, you will need to identify an act of bad faith, which can fall under the following categories:

• Failure to investigate

The insurance company did not conduct a proper investigation and/or failed to provide their findings to the claimant in a timely manner, which led to unreasonable delays.

• Failure to provide a reasonable basis for the denial of a claim.

The insurer has not given a reasonable explanation for why a claim was denied, or is imposing unreasonable requests for information / paperwork in order to approve a claim.

• Failure to indemnify

The insurance company has not paid the settlement in a timely manner, according to their own policies or the time period agreed upon by themselves and the claimant.

• Failure to defend

The insurer refuses to cover defense-related costs for a policyholder that has a claim against them.

• Failure to settle reasonably

The insurance company intentionally failed in their duty to negotiate a settlement due to reasons such as reducing their liability at trial or attempting to pressure the client into a settlement.

Insurance companies can also be sued for bad faith, which you can discuss with one of our attorneys. The burden of proof is high for these lawsuits, as you’ll need to prove how the insurer failed you, and the types of damages you’ve incurred as a result of their negligence. It’s also worth noting that your problem may be resolved by filing a complaint with the California Department of Insurance. If that’s the case, it may be best to move forward with your life and not pursue a bad faith lawsuit. Our lawyers can advise you on the available legal options and help you decide on the best course of action.
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What are my Rights if my Lawyer is Pressuring me to Settle?

If you’ve already retained an attorney, you may be having disagreements over whether your settlement offer from Sedgwick is too low. This is a tricky situation for most people, as they tend to rely on their lawyer’s expertise. However, your intuition is telling you that your case is worth more. In that case, please schedule a free second opinion by giving us a call at our office.

With their many years of experience with personal injury claims, our attorneys can evaluate your case and determine the fairness of an insurance company’s offer. Additionally, we can address other concerns you may have about your lawyer, including:

• My lawyer hardly ever returns my calls.
• My lawyer seems disorganized or unprepared when I go to see him.
• I don’t feel like my attorney is experienced enough to handle my case.
• I disagree with my lawyer’s advice, and it’s happened more than once.

After your consultation, you can decide if switching to another law firm is in your best interest. If you choose to work with us, we can take care of the entire transfer process and ensure that there are no unnecessary disruptions to your case. Regardless of what you decide, our second opinions are free of charge, so there’s nothing to lose by scheduling a time to speak with one of our attorneys.

Why You should Choose Normandie

You have many options when it comes to choosing a personal injury lawyer, so why should you choose Normandie? We can offer several reasons, including decades of experience handling all types of injury claims, including slip and falls, trip and falls, falling merchandise, assault and battery, sexual assault, and workplace injury. Along with legal experience, we operate under the core values of empathy, respect, and compassion. Our clients are treated like family members, not case files, When a family member suffers an accident, we would do anything to fight for the compensation they deserve for their physical and mental injuries. That’s how you’ll be treated when you choose to work with us, no matter how long it takes to settle your case.

Another sign of our commitment is the Zero fee guarantee, which makes all our services free to you from your very first consultation. Our fees are paid by the party responsible for your injuries, and that’s only if we win your case. If we fail to recover your settlement award, the costs are on us and you are not responsible for any of our legal fees.

If you’re ready to take action against a low settlement offer from Sedgwick, contact us right away for a free consultation or free second opinion.