After getting injured in a crash or another situation, you may have reason to file a personal injury claim. A personal injury claim gives you the opportunity to seek compensation for the financial losses that you’ve suffered as a result of a crash with another party (or an injury caused by another person in another way).
There are usually two options for handling these cases. The first is to file the claim against the other party and to wait to see what kind of settlement is made. Your attorney will collect documentation about the injuries you’ve suffered and any damage caused to your personal belongings. They will also negotiate with the other party, whether that’s an insurance carrier or the person who caused your injuries directly.
The second way is to take the case to court. You’ll still file the claim with the other party, but if they are unwilling to negotiate or cannot get you a fair settlement offer, then your attorney may take the case in front of a judge and have it heard.
What should you think about before settling a personal injury case?
Before you settle a personal injury case, there are a few things to consider. As a victim, you should ask yourself if you have:
- Hired an attorney that you trust to help negotiate with the insurance company or individual.
- Reached your maximum recovery.
- Tried to negotiate.
- Considered if the settlement offered so far will be better than what you’d get at trial.
- Filed a lawsuit. Not all claims require a lawsuit, but filing one may show your willingness to go to court to fight for a fair settlement.
- Considered the expense of your pain and suffering.
All of these factors play a role in how much your case is worth and if you should settle. You should never settle a personal injury claim without negotiating. It’s a simple fact that insurance companies will try to settle for as little as possible, because their job is to save the company money.
It’s a good idea to hire an attorney to work with, because they have the skills needed to negotiate with the insurance provider or other party. They will be able to put together a strong claim for you and help you show why you want the settlement that you do. They can give you advice on when a claim may be better off going to court and when the other party is being unreasonable.
You should also wait as long as you can before accepting a settlement, because you want to see what your maximum recovery will be. If you have a severe injury, you may end up with a disability for life. That’s something that you need to know before you accept a settlement, or you could find yourself paying out of pocket for expenses that you have in the future.
When is it the right time to settle a personal injury case?
The right time to settle will vary based on who you are and the circumstances you’re in. Before you accept a settlement, you need to make sure that it will:
- Cover your necessary medical expenses
- Give you a better outcome than a trial
- Provide enough compensation for future expenses related to the injury
Both parties will have their own opinions on how much you should receive in compensation. You may need to collect medical documentation, witness testimonials and other information to help your attorney negotiate and the other party understand the extent of your injuries and their impact on your life.
Once you do that, you should not take the first settlement that is offered. Review it cautiously and work with your attorney to negotiate. Once you take a settlement, it’s usually unlikely that you will be able to reject that offer or take the other party back to court.
Taking a settlement too soon can mean that you won’t have the financial support that you need as you recover or move forward in your life. You need the right support to pay off your medical expenses, personal expenses and to cover the damages that you’ve suffered.
If you’re ready to settle a personal injury case, you may want to work with someone like attorney Terry Bryant to get the job done. Your health and life are important, and the other party should be held responsible for their actions. Your attorney will talk to you about what it is that you want out of the claim and make sure that they are working to get you the kind of settlement that you deserve. Your pain and suffering should not be ignored.