Negotiating a settlement for your personal injury is similar to dickering the price of a product you wish to buy. But before you are able to do that, you and the buyer must know how much the product is worth in the first place. Both of you argue about the price to get the best price for both parties. Then, you attempt to reach a compromise.
In terms of personal injury claims and related court cases, this process is called settlement. Yet, the main question is: How often are personal injury claims get settled before a lawsuit is filed? Keep reading this article.
Personal Injury Claims: Subjects of Negotiation
Certain subjects of negotiations can bring rise to many questions from an insurance adjuster. These questions will help you argue some facts. These can increase your chances of getting compensated. Such subjects are discussed in this section.
This is an important element that determines who is at fault for the injury that is suffered. It also dictates the share of negligence. Simply put, liability determines responsibility for the injury. The one liable is also the one who should pay the calculated settlement amount to compensate for the damages he or she caused.
Both parties can file for a personal injury insurance claim if they both suffered an injury in the accident. However, not all insurance claims are approved as not all injuries are covered by the policy. Because of this, settlement negotiations often consider how much both parties would get for filing insurance claims.
The Nature of the Injury
This element determines how severe the injury is. The extent of the injury can have lasting effects on the victim and could affect his way of life.
If the injury is minor, for instance, a broken bone, settlement money often include hospital bills and compensation for missed days of work. This settlement is significantly less than what the liable one would pay if the accident has caused the victim to lose a body part or die.
The Extent of Treatment
This element determines if the nature and duration of the medical procedures are essential. It also describes if there is a pre-existing condition that contributed to the injury.
These subjects give rise to important questions that the adjuster might ask. However, not all questions you are asked can be reasonable or legitimate. This can contribute to an unfair argument to get you to settle for an amount that is significantly less than the actual worth.
With this in mind, the presence of a top personal injury defense lawyer by your side can help you determine the best course of action. They will also ensure that your personal injury claims are considered. You will also get your interest well-represented.
Do Most People Get Their Personal Injury Claims Settled Before Filing For Lawsuit?
Yes, with the help of personal injury lawyers, most people settle their personal injury cases before thinking of going to court. This is because it is often hard or impossible to predict your chances of winning the lawsuit with certainty.
After all, the outcome of the lawsuit depends largely on the decision of the jury or judge. As a result, most personal injury lawsuits often end in a settlement before a trial can be considered. This is especially true when insurance for personal injury claims are involved.
Oftentimes, thinking of a settlement often works in the best interest of personal injury victims. Again, having top personal injury lawyers can help you evaluate the worth of your case. They will also help you estimate the probability of getting the case settled.
How Worthy Can Your Case Be?
Having the right attorney can help you estimate the amount of money you can seek when it comes to damages.
For those who wish to file a lawsuit for personal injury claims, there are certain processes that your personal injury lawyers can help you navigate. With an attorney, you can gather a list of all you have lost due to the injury, including missing wages. The collection of these is called damages.
From there, a demand letter is submitted on your behalf by your attorney. This lists the damages you seek. The defendant must review the demand letter. They can either reject or accept the specific terms you have set. They can also make you a counteroffer.
Then, certain terms can be negotiated between the defense representatives and your attorney. The latter knows what is best you can get out of the settlement. So, it is imperative to choose top personal injury lawyers to represent your interest. The terms negotiated can also include hearings to discuss the details. By reaching a settlement, it implies that the case does not necessarily need to go to court.
What Resolutions Are Possible to Your Personal Injury Claims?
You must understand what happens during a personal injury settlement. A settlement implies that you have reached an agreement on terms with the defendant. As mentioned earlier, most settlements happen without going to trial. In other cases, a settlement is reached during a trial.
Generally, a pretrial settlement can save effort, money, and time. Besides this, you and your attorney can also decide whether you deny or accept the terms you have set. This is different from getting stuck with the possible result of a trial.
The major downside of settlement is that once an agreement is reached, it is final. There is no way you can file a lawsuit on a particular issue once you reach a settlement. Oftentimes, you sign a full liability release once the settlement agreement is accepted. There is no reason for you to seek any damages from the defendant due to the incident. This is true regardless of whether it triggers health issues or injuries in the future.
There are numerous reasons why victims might consider pretrial settlement:
- The defendant’s lawyer believes in your chances of winning at trial.
- The defendant wants the incident to be kept confidential.
- The offer the insurance company of the defendant presents is fair.
- The amount the settlement will cost is significantly less than going to trial.
You can seek legal battles or compensation for any injury suffered due to someone else’s negligence. However, due to the uncertainty of winning personal injury cases in court and many other factors, most cases often end in settlement before going to trial. However, the need for top personal injury lawyers cannot be stressed enough.