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How to determine if an accident settlement is right for you

| Feb 9, 2021 | Injuries

If you or a loved one has been injured in a car accident, then there’s a lot to deal with moving forward. The physical limitations can make living day-to-day life challenging, but the pain and suffering can be unbearable. The financial ramifications can be devastating, too, especially if the injuries suffered were catastrophic or otherwise serious. With so much on your or your loved one’s plate, it might be tempting to move past the accident as quickly as possible.

If the accident was caused by the negligence of another, then your or your loved one might have that opportunity, too, as these errant drivers and their insurance companies often seek to settle cases in hopes of avoiding a bigger payout should they lose at trial. But a settlement offer isn’t necessarily in your best interests. In fact, accepting one might significantly short-change you, thereby leaving you without the financial resources that you need to secure financial stability while focusing on your recovery.

Should you settle your case?

The answer to this question depends on the facts at hand. Each of the following should be taken into consideration, though:

  • The extent of your damages: Before accepting or denying a settlement offer, you need to know what your claim is worth. This means that you’ll want to calculate medical expenses and lost wages, both incurred and expected, as well as your pain and suffering. The latter can be challenging, but you can go a long way by simply demonstrating how your accident injuries have affected your life and your enjoyment of it.
  • The actual offer: How much compensation are you being offered? If it’s close to your actual damages, then there might not be as much reward by risking going to trial. If the offer is way off, though, then going to trial might be your best option.
  • Evidence of negligence: Before discussing settlement offer, you’ll want to know what evidence you can present at trial. This means that it’s a good idea to speak to witnesses, gather documentary evidence, and assess the law to get a better feel for just how strong your case will be at trial.
  • Comparative negligence: A common defense tactic in car accident cases is to try to shift the fault back onto the plaintiff. This means that you or your loved one are probably going to be blamed to some extent. That doesn’t bar your ability to recover compensation, but it could affect the amount that you recover, so you’ll want to consider the evidence that might come in at trial showing that you’re partially at fault for the accident.
  • Time and stress: Taking a case to trial can take some time, and the risk involved can be stressful. Some car accident victims simply need money as quickly as possible to meet their daily living expenses. A settlement offer might look more appealing to these individuals. Those who can wait, on the other hand, might be more willing to wait for the possibility of a bigger payout. This is an individual determination that you or your loved one will have to make based on your circumstances.

Analyzing and building your case

As you can see, there’s a lot to take into account when deciding how best to proceed on a personal injury claim. A successful analysis typical requires litigation experience and knowledge of the laws affecting personal injury claims. That’s why many car accident victims turn to trusted law firms with extensive experience.

At our firm, we have more than 40 years of experience, and time and again injured individuals have turned to us for help with their personal injury claims. We know how to analyze the evidence at hand and negotiate favorable resolutions for our clients. That being said, we’re also not afraid to go to trial, so we stand up an aggressively advocate for what is right for our clients. So, if you’re looking for trusted representation, then please continue to browse our website to see what we have to offer.