Most personal injury cases settle before ever going to trial, but just because they settle does not mean they receive what is rightfully deserved. Often a plaintiff settles for much less than the case is worth, while other times the defense pays more than necessary. As someone trying to receive a fair settlement, you may be wondering how you can be sure you are receiving the right amount. Also, when presented with a settlement, you may feel pressured by the other party’s attorney or their insurance adjuster to take it; otherwise, you may feel you will receive nothing.
This is why it is important to never discuss anything without an attorney. A skilled personal injury attorney not only ensures you do not accept a poor settlement, but will bring negotiations back to the table until you get the settlement your case deserves.
How to Ensure You Get a Fair Settlement
Before accepting or rejecting your settlement offer, it’s important to look at the facts.A settlement will always be less than you are asking, but it should be within reason. You want something that covers your losses and gives you a little extra for your pain and suffering. While that may not equate to millions, it is important you get the settlement that is fair for your case and your circumstances.
- Review the amount. First, you need to review how much you are being offered. Is it substantially lower than what you asked for? If so, your attorney will want to renegotiate. Your attorney will have computed how much you need in compensation for existing and future costs as well as pain and suffering. If the settlement isn’t even within range of this calculation, do not accept it.
- Next, you need to discuss the case with your personal injury attorney and compare it against similar cases. While no two settlements or cases are the same, having a basic understanding of how much others with similar injuries have received gives you at least an idea of what is a reasonable settlement amount for your own claim.
- Length of the case or courtroom hearings. Cases like these will always have delays; therefore, you will want to weigh the risks of taking your case to court versus taking a settlement. Discuss it with your attorney and see how much longer he or she thinks the case will take if you reject the settlement. If you just want to put the matter behind you, then it may be best to take a settlement—but that doesn’t mean take one that is too low.
- Lastly, the evidence in your case will determine a settlement amount. If your evidence shows gross negligence on the defendant’s part, and it is clear they owe you a settlement, you have more negotiating power than a defendant that is not as clearly at fault.
Having a Good Personal Injury Attorney Matters
It is important that you hire a Boca Raton FL personal injury attorney that knows how to accurately estimate the costs of your lawsuit. By having a calculation, you can ensure you are getting a fair settlement. If your attorney feels the offer is too low, they can reject and renegotiate on your behalf.
Speak with the team at Glotzer& Kobren today regarding your personal injury case. We get our clients the settlements they deserve. Call now to schedule your free consultation at 561-361-8677 or visit our office in Boca Raton, FL.