When a person sustains injuries in an accident caused by another party’s negligence or misconduct, he/she qualifies to file a personal injury claim. Once the claim is filed, the at-fault party or their insurance adjuster should offer a settlement to close the case. If no offer for compensation is received shortly, the plaintiff may go ahead and file a lawsuit. About 95% of personal injury cases never go to trial because they are settled by the defendant before a court date. While out of court settlements are usually convenient for both parties, they are not always favorable for claimant.
In order to determine whether accepting a settlement offer is the right thing to do, you must first understand all angles of your case. Another important thing to consider is when to settle a personal injury case. The first offer put forward by the defendant or their insurer is almost never reasonable. Personal injury cases are complicated, given the vast variation of their nature and circumstances. For this reason, legal consultation and representation is entailed for a favorable outcome. Many claimants are quick to accept a settlement offer because they cannot afford to wait. Pending bills and growing debt urges them to act in haste. They grab whatever first comes their way because any amount of money is appealing in their grim situation.
Accidents victims do not realize that challenging the perpetrator in court can be highly rewarding. Sometimes filing a lawsuit is all it takes to intimidate the defendant. The insurance adjuster is aware of the fact that the court trial can lead to a whopping payout. If the plaintiff wins the case, he/she is able to score additional compensation for non-economic losses, such as pain and suffering. You can expect the insurer to approach you with a much better settlement offer after filing the lawsuit, therefore you do not necessarily have to go through with it.
Reaching a settlement out of court has its advantages. First of all, both parties are able to prevent a protracted trial and the hefty legal expenses of fighting the case in court. Personal injury trials can drag for months, which means the victim does not receive any reimbursement until the case is resolved. Besides, there is no guarantee that the plaintiff will come out victorious in the end; you may lose to the opposition and return empty-handed.
Dealing with the defendant and their insurer can be a painful experience without a lawyer by your side. Accepting the initial proposal without question is easy and efficient, but the party who truly benefits from the deal is not you. It is important to negotiate and hold your horses until the defendant makes a better offer, which is easier said than done. Insurance agents have several tricks up their sleeves to convince the clueless claimant that a meager settlement is the best they can hope for.
Personal Injury Attorney in Boston, MA, possesses the experience and skills to maximize the interests of the client. The compensation you attain on your own can never compare to that accomplished by a professional lawyer. When the personal injury claimant is accompanied by an attorney, the insurance adjuster shall not dare to initiate unnecessary disputes or misleading arguments.
