Should I Accept a Personal Injury Settlement?
If you have been injured by another’s negligence, whether in an auto accident, truck accident, or on another’s property, and you are seeking compensation, there is a good chance that you will be offered a personal injury settlement. While it can be tempting to just take the money, it’s important that you take a deep breath and consider the offer. Here are four things you should think about before accepting a personal injury settlement:
1. The Amount Offered
How much is being offered by the negligent party? Is the personal injury settlement being offered substantially lower than the amount you are seeking? Hopefully, you have a personal injury attorney who is advising you. Your lawyer should advise you as to a reasonable personal injury settlement amount, and then help you decide whether or not to accept the settlement offer. A settlement is, by definition, a compromise between the parties and will be less than the sum for which you are asking. However, if the settlement seems reasonable, it can make sense to accept it.
2. Prior Settlements of Similar Claims
Before accepting a personal injury settlement, go over prior claims with your personal injury attorney. How have similar cases been decided in the courts of your area? What other cases has your attorney settled and what were the amounts? What are your chances at trial? While no attorney can promise or guarantee an outcome, your attorney should be able to provide his/her best sense of what will happen at trial. If there isn’t much reason to expect that you will win, or win what you want, it can make sense to try and reach a settlement.
Often, there is no prior case for you to look at in making your decision. You and your lawyer will then need to carefully discuss the pros and cons of proceeding to trial.
3. Time
The court system moves slowly. It can take years for a personal injury suit to get to trial. The court process involves time, emotional expense and energy. There is often merit to resolving a claim so that you can move on with your life.
4. What Are the Facts of Your Case?
Be completely honest with your personal injury lawyer and discuss the facts. Does it look like you have a good case? How strong are your facts? All cases have strengths and weaknesses? Do the weaknesses outweigh the strengths? You need to remember that you need to convince a jury that you have a good case. Is the jury more likely to believe you or the other party? Talk with your personal injury attorney about what he or she thinks.
After considering all of the above, you should be in position to make the best decision about the settlement offer that has been extended to you. If you need help with your personal injury case, please contact us. We are ready to help you.