Personal injury cases are often complex. Understanding the settlement process is crucial to ensuring a fair settlement, but because every case is different, it can be difficult to know what to expect.
5 Things to Expect When Settling a Personal Injury Case
Working with an Attorney
Personal injury cases can be complicated, and dealing with the process by yourself can be overwhelming. If you were injured due to someone else’s negligence, you should consult with a personal injury attorney. Your lawyer should be experienced and well-versed in local and state laws that may impact your settlement offer. For example, understanding Pennsylvania’s comparative negligence rules can change the amount of compensation you can seek.
Investigation
Before insurance can offer a settlement, they will conduct an investigation. Take a car accident case as an example; all insurance companies involved will look at evidence such as your medical records, police reports, and other documentation to determine the details of the incident. Your attorney will assist you with collecting evidence that supports your claim by helping you understand what is most important to your particular case.
Negotiation
During the investigation process, your lawyer will help you calculate your total damages. That can include economic and non-economic damages such as pain and suffering, medical bills, property damage repair costs, and more. If you’re filing a claim with the at-fault party’s insurance, you should expect negotiations to go back and forth several times.
Settlement Offer
Once negotiations are complete, either your own insurance or another party’s insurance will make you an offer. Keep in mind that most initial settlement offers are unlikely to cover your total losses and may require more rounds of negotiation.
Legal Options
Sometimes, your attorney and the insurance company can’t come to an agreement. In those cases, you may pursue other options for recovering compensation for your damages. You can take your case to court, which will take longer than working directly with the insurance company. However, this may be the most advisable option if you don’t agree to a settlement out of court.
What Impacts Your Settlement in a Personal Injury Case?
Each personal injury case is different. The circumstances of your case can greatly impact your settlement offer.
Injuries
The extent of your injuries has a major influence on the amount and type of settlement you may receive. More serious and long-lasting injuries require more evidence and a more in-depth investigation that can take more time.
Property Damage
Property damage is often a side effect in personal injury cases. A broken cell phone, a dented car door, and even items such as sunglasses can play into how much compensation you can claim as damages.
Lost Wages
If you were unable to work while recovering from your injuries, you may be able to claim lost wages as part of the settlement.
Future Losses
Some injuries are so serious that they can affect you for the rest of your life. Loss of enjoyment or the ability to work as you used to may increase the amount of damages you can claim.
Other
Many personal injury cases have an impact on your mental and emotional wellbeing as well as a physical impact. Pain and suffering and other non-economic damages must be backed up by evidence before they can figure into your settlement amount.
Things to Know Before Accepting a Settlement
There are countless components of a personal injury settlement that the average person isn’t aware of. Often, someone without the assistance of an attorney may accept the first settlement offer, missing out on necessary and deserved compensation. It’s critical that you speak to an attorney as soon as possible to ensure that you’re fairly compensated and meet all deadlines to receive your settlement. At the Jason Javie Law Office, we represent clients in the Philadelphia area who were injured due to no fault of their own. If you have questions about a settlement offer or need legal assistance during the process, contact our law team to learn more about how we can help you fairly settle your personal injury case.