When you’re injured due to someone else’s negligence, you expect their insurance company to do the right thing and fairly compensate you for your losses — unfortunately, this is rarely what happens.
Insurance companies are profit-driven businesses, and their primary goal is to pay out as little as possible on every personal injury claim. They have an entire playbook full of tactics used to minimize settlements, delay payments, and pressure victims into accepting far less than their cases are worth.
If you’ve been injured and are dealing with an insurance company that’s offering you a fraction of what you deserve, you’re not powerless. Familiarizing yourself with their tactics and knowing how to fight back can make the difference between a settlement that barely covers your medical bills and one that truly compensates you for all your losses.
The Fort Worth/Dallas personal injury lawyers at Sellers Law Firm are here to arm you with the knowledge you need to protect your rights, guide you through the process of your claim, and help you seek justice. Call Sellers Law Firm at (817) 928-4222 today for a free consultation to get started.
What is a personal injury claim?
Personal injury claims arise when someone suffers harm due to another party’s negligence or intentional wrongdoing. They allow injured victims to seek financial compensation for their losses, including medical expenses, lost wages, property damage, pain and suffering, and other damages resulting from the incident.
The foundation of any personal injury claim is establishing that another party had a duty of care, breached that duty, and that this breach directly caused your injuries and resulting damages. Personal injury claims can be resolved through insurance negotiations, mediation, or litigation in court, depending on the circumstances and the parties involved.
In Texas, most personal injury claims must be filed within two years of the incident under the statute of limitations. This relatively short timeframe makes it absolutely essential that you act quickly to preserve evidence, document injuries, and begin the claims process before valuable evidence disappears or witnesses’ memories fade.
Types of personal injury cases we take
People can find themselves with personal injury claims after a wide range of accidents and circumstances. Each type of case presents its own unique challenges and strategies to contend with from the insurance companies.
- Motor vehicle accidents include car crashes, motorcycle accidents, commercial truck accidents, pedestrian and bicycle accidents, and drunk driving accidents.
- Workplace injuries can include construction site accidents, oilfield accidents and industrial incidents, chemical exposure and burns, equipment malfunctions and machinery accidents, falls from heights, and scaffolding collapses.
- Premises liability cases can take the form of slip and fall accidents, inadequate security leading to assault or robbery, swimming pool accidents, dog bites and animal attacks, and other hazardous property conditions.
- Product liability cases generally arise from defective automotive parts, dangerous pharmaceuticals, faulty medical devices, defective consumer products, or industrial equipment failures.
Catastrophic injury cases that necessitate a Dallas/Fort Worth catastrophic injury lawyer can arise from any of these scenarios. Catastrophic injuries generally encompass severe injuries like traumatic brain injuries, spinal cord damage, severe burns, amputations, and other injuries that result in permanent disability or significant long-term impacts.
Injury severity in these cases matters because the more severe your injuries, the more resources the insurance company will throw at fighting your personal injury claim.
Common insurance company tactics, and how to fight them
Insurance companies have developed playbooks full of sophisticated tactics designed to minimize claim payouts and protect their bottom line. Knowing their tactics is only the first step in fighting back — working with an attorney who can make them come to the table and give you what you deserve is the last.
| Insurance company tactic | How they use it | How to fight back |
| Excessive documentation requests | Ask for medical records dating back years to find pre-existing conditions to blame | Only provide relevant records; have attorney review all requests |
| Friendly adjuster calls | Act helpful while gathering damaging information through casual conversation | Direct all communication through your attorney |
| Treatment necessity disputes | Claim your medical treatment is unnecessary, experimental, or excessive | Follow doctor’s orders exactly; maintain detailed symptom records |
| Lowball offers | Offer fast payment before you understand full injury extent | Never accept first offers; calculate all future damages |
| Social media surveillance | Monitor your social media for photos contradicting injury claims | Avoid posting photos or updates about activities |
| Independent medical exams | Schedule biased medical exams with insurance-friendly doctors | Attend with attorney; document everything said and done |
| Delays and paperwork loops | Create endless documentation loops to frustrate claimants into settling | Set firm deadlines; document all delays |
The key to fighting these tactics is recognizing them early and responding firmly. Insurance companies will attempt to take advantage of claimants who don’t demonstrate knowledge of these strategies and don’t have experienced legal representation backing their claims.
What qualifies as bad faith insurance practices?
Insurance bad faith occurs when an insurance company fails to fulfill its contractual obligations to policyholders or claimants in a reasonable and fair manner. The language on bad faith claims is vague, but it can include unreasonably denying valid claims, failing to investigate properly, or refusing to settle within policy limits when liability is clear.
In Texas, insurance companies have a duty to act in good faith and deal fairly with claimants. When they violate this duty, they may be liable for additional damages beyond the original claim amount. Here are the most common bad faith practices and warning signs to watch for:
| Common bad faith practices: |
| Deliberately misrepresenting policy provisions or coverage termsFailing to acknowledge communications within reasonable timeframesConducting inadequate or biased claim investigationsDenying claims without providing reasonable explanationsRefusing to settle within policy limits when liability is clearMaking settlement offers that are clearly inadequate compared to obvious damages |
| Red flags to watch for: |
| Requests for unnecessary or irrelevant documentationUnreasonable delays in claim investigation or processingDenial letters that don’t explain the basis for denialSettlement offers that seem unreasonably low given clear liabilityFailure to return phone calls or respond to correspondenceRequesting the same documentation multiple times |
If you suspect bad faith, document all interactions with the insurance company, save all correspondence, and consult with an experienced attorney who can evaluate whether the insurer’s conduct crosses the line into bad faith territory.
How long can an insurance company delay a claim?
While there’s no absolute deadline for insurance companies to settle claims, Texas law requires insurers to “acknowledge claims promptly” and begin investigation within a “reasonable time.” The Texas Insurance Code provides specific timeframes for various claim-handling activities:
- Insurance companies must acknowledge receipt of a claim within 15 days and begin investigation promptly thereafter.
- They must accept or deny claims within a reasonable time after completing the investigation, typically within 15 business days of receiving all necessary documentation.
These requirements, however, only apply primarily to first-party claims (your own insurance company). Third-party claims (the other party’s insurance) have fewer specific deadlines, though unreasonable delays may still constitute bad faith.
What not to say to an insurance claim adjuster?
No matter how kind they may seem, insurance adjusters are trained to extract information that can be used to minimize your claim. Certain statements can significantly damage your case, so it’s important to be careful about what you say. Here are a few specific phrases and topics to avoid, along with better alternatives:
| What NOT to say | Why it’s dangerous | What to say instead |
| “I’m fine” or “I feel okay” | Used to minimize injury severity | “I’m still experiencing symptoms and seeing doctors” |
| “I’m sorry” or “It was my fault” | Can be twisted into admissions of liability | “I need to speak with my attorney about the details” |
| “I don’t think I was hurt that badly” | Used to argue against damage claims | “I’m still receiving medical treatment” |
| “Maybe I could have…” | Suggests you contributed to the accident | “I prefer not to speculate about the cause” |
| “The accident was minor” | Minimizes the severity and your claim | “I need my doctor to evaluate all my injuries” |
| “I just want this over with” | Shows desperation they can exploit | “I want to ensure I receive fair compensation” |
As a general rule, when you speak with an adjuster:
- Keep conversations brief and factual
- Stick to basic accident details only
- Don’t elaborate or volunteer extra information
- Never give recorded statements without attorney representation
- Don’t sign anything without legal review
Remember: insurance adjusters may seem helpful and friendly, but their job is to minimize claim payouts. Every word you say can potentially be used against you later. When in doubt, politely defer to your attorney or simply say you need time to consider their questions.
Personal injury cases settlement amounts — different when you have an attorney at your side
Insurance companies treat unrepresented claimants very differently from how they treat personal injury claims handled by skilled attorneys — it can often be the difference between getting what you deserve and settling for less.
Personal injury firms in Dallas/Fort Worth, like Sellers Law Firm, bring resources and expertise that level the playing field against insurance companies and their teams of attorneys. We understand their tactics, know how to counter their strategies, and have the trial experience to take cases to court when necessary.
Whether you need a car accident attorney or a work injury lawyer in Dallas/Fort Worth, Sellers Law Firm is here to help. We don’t accept inadequate settlements because we know what cases are truly worth, and we’re prepared to prove it in court.
Don’t let insurance companies take advantage of your situation. If you’ve been injured due to someone else’s negligence, contact Sellers Law Firm today for a free consultation. We’ll evaluate your case, explain your options, and fight to ensure you receive the compensation you deserve.
More Helpful Articles by Sellers Law Firm:
- What to Do if You Are Injured in a Texas Refinery Explosion
- Can You Sue for OSHA Violations in a Personal Injury Case?
- Texas Wrongful Death Statute of Limitations
- Employer Liability in Texas Plant Injury Cases Explained
- How to Prove Negligence in Catastrophic Injury Cases
