After going through the physical and emotional toll of medical care that has left you with an injury, receiving a settlement offer or an invitation to mediate your case can feel like a step toward resolution. But what happens when the offer doesn’t reflect the true impact of your injury?
In Montana, non-binding mediation is a requirement of the district courts before a case can be presented to a jury. This mediation process generally takes place midway through the litigation process but in some cases of clear liability, it may occur early or settlement offers may be presented without formal litigation.
Unfortunately, it’s common for insurance companies to make settlement offers that are far lower than what your case is actually worth if you are not represented by an experienced lawyer. These “lowball” offers are designed to end the process quickly, before the full story is understood and before the long-term effects of the injury are fully known.
Let’s explore how to recognize a lowball offer, why they happen so often in Montana medical malpractice cases, and what you can do to respond in a way that protects your rights and your future.
How to Recognize a Lowball Settlement Offer
The first step in protecting yourself is understanding when an offer may not be fair. Most lowball settlement offers have a few things in common. If you know what to look for, you can avoid making a costly decision under pressure.
1. The Offer Comes Quickly
If you’ve barely had time to understand your diagnosis or how the injury will affect your life, and the insurance company is already pushing a settlement, that’s a red flag. Fast offers are often a tactic to avoid paying for future care or missed income you haven’t calculated yet.
Pro Tip: Take your time. You do not need to accept any offer before you understand the full extent of your injury and what recovery will look like. It is important to be represented by counsel who specialize in medical negligence cases to guide you so that you are not taken advantage of by this system.
2. There’s Pressure to “Sign Now”
Insurance representatives may tell you this is the best offer you’re going to get, or that the longer you wait, the more difficult things will become. Some may even suggest that hiring a lawyer will delay the process or cost you your chance at compensation.
The truth? These pressure tactics are designed to keep you from consulting someone who can explain what your case is really worth. Settlements are final and you will be required to sign an agreement that you will not bring additional claims on the same set of facts no matter what happens in the future.
3. The Offer Includes Vague or Confusing Language
If the offer letter uses unclear terms or doesn’t break down how the amount was calculated, be cautious. A fair settlement should take into consideration specific numbers for medical expenses, lost income, and other documented losses. The offer is generally presented as one amount to compensate for all damages and you may not know what damages you are entitled to…..professional guidance is critical.
Vague language is often used to hide the fact that essential damages, like future medical care or emotional distress, are not being fully accounted for.
How Insurance Companies Use Montana’s Cap to Limit Settlements
In Montana, insurance companies know the legal landscape and use it to their advantage when crafting a settlement offer.
The Cap on Non-Economic Damages
Montana law limits how much a patient can recover for non-economic damages, which include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Loss of companionship or intimacy
That cap is now set at $300,000 , no matter how severe or permanent your injury may be, including death.
Insurance adjusters may try to exploit this law by presenting $300,000 as the “top” settlement amount, even when your economic damages could make your case worth significantly more.
Downplaying Economic Damages
Insurance companies may also challenge or reduce the value of:
- Past medical expenses paid by your insurance company, Medicare or Medicaid
- Future medical care
- Lost wages or reduced earning ability
- Home modifications or in-home support
- Rehabilitation and therapy
They may argue that your needs are temporary or overstated, which lowers their payout but does not reflect the reality of your situation.
The law may also require repayment of some medical expenses paid on your behalf. This is complicated and requires careful review of your insurance coverage to determine your legal obligation. You are the person responsible for this potential repayment and it is made from your settlement funds.
Pro Tip: The cap only applies to non-economic damages. If you’ve lost income, need future care, or face permanent disability – those financial impacts are not subject to any legal limit. You need professional, experienced counsel to navigate these complicated negotiations and payment obligations.
Understanding What a Fair Malpractice Settlement Should Include
If you’ve never gone through this process before, it can be difficult to know what a fair malpractice settlement should be. A fair offer accounts for what has already happened, but also what your future is likely to require in terms of medical care, quality of life, and financial stability.
This is where a Montana malpractice attorney with experience in these types of cases can make a meaningful difference. They can help you evaluate the full picture and avoid settling for less than you need to move forward.
What You Can Do to Maximize Your Malpractice Settlement
Hiring a lawyer as soon as you think you may have a claim is the best choice. If you have already received an offer that feels low or rushed, here’s how our team helps clients respond in a way that protects their rights.
1. Evaluate the Offer With a Legal Team That Understands Medical Malpractice
We begin by reviewing the basis for your case and how the offer compares to your real, documented losses. That includes:
- Medical bills and treatment records
- Lost income and reduced ability to work for you and sometimes your spouse
- Cost of future care, therapy, and home modifications
- Pain, emotional toll, and loss of your former lifestyle
From there, we can clearly see whether important areas have been left out or undervalued.
2. Use Expert Testimony to Support the True Value of Your Case
We work with trusted medical experts, life care planners, and financial specialists to estimate what your future will require. Their reports help us show the insurance company that this is not guesswork. It’s based on facts.
This level of preparation makes it easier to maximize your malpractice settlement through documentation and credibility.
3. Make a Clear, Evidence-Based Counteroffer
When settlement negotiations begin, whether by mediation or pre-litigation offers, instead of simply rejecting a lowball offer, we create a counteroffer that explains:
- Why the initial offer falls short
- What medical and financial evidence supports your position
- What level of compensation is appropriate based on current and future needs
This shows the insurance company that we are prepared, thorough, and not willing to accept less than what the law allows. Settlements generally require multiple counter offers to arrive at an acceptable amount. The negotiation process is a part of your case where it is critical to have a lawyer who understands your claims, the strength of your evidence and the art of negotiation. Our firm has that experience!
4. Know When to Negotiate and When to Move Forward
Some cases can be resolved through strategic negotiation. In other situations, filing the case in court may be necessary to ensure your needs are taken seriously.
We help each client evaluate what approach is best for their specific situation and when your case is at a point of maximum leverage to settle. We will present you a clear explanation and reasoning behind every recommendation we make.
The Risks of Accepting a Low Offer Too Soon
While it can be tempting to put the case behind you, accepting a low offer can create serious problems later. Once you agree to a settlement, you cannot go back to ask for more, even if your condition gets worse or you need more care than expected.
Keep in mind:
- Medical costs may rise over time
- Lost income can be higher than you initially realize
- Some injuries or complications take months to fully develop, requiring time to fully assess the damages.
Pro Tip: A fair settlement should give you peace of mind, not future regrets. If an offer feels rushed or incomplete, it’s worth slowing down and getting trusted guidance.
Bottom Line: You Deserve a Settlement That Reflects the Full Impact
Low initial offers are common, especially in medical malpractice cases involving long-term injuries and emotional harm. But just because a number is put in front of you does not mean it reflects the value of your experience and initial offers are almost never the full amount an insurer is willing to pay.
Understanding settlement offers and how they are influenced by Montana’s legal system can help you protect your future, your care, and your financial well-being.
Start Your Case Evaluation Today
If you’ve received a settlement offer that doesn’t feel right, or if you’re unsure what your case should include, you don’t have to face this alone. Our team can review your offer, explain your legal options, and help you decide what steps are right for you.
Take the first step by filling out our intake form so we can help you understand whether your experience meets the legal standard for malpractice and what support may be available to help you move forward.
