To Sue or To Accept A Personal Injury Settlement

When you get hurt in a car accident or a slip and fall accident and you believe that you are not at fault, you will want to consider personal injury litigation. The purpose of getting a personal injury attorney to assist you file a claim is to try and get compensation in relation to any expense you could have incurred as a result of the injury or loss of wages because of the time you could have taken away from work. A personal injury attorney has the requisite skills to file a lawsuit on your behalf and even negotiate a settlement with the party that was involved in your injuries.

Most of the time, victims get contacted by the insurance company of the negligent party with offers for settlement and there is confusion on whether to go on with the lawsuit. When it comes to the case, you need to know that your advocate will not be negotiating directly with the person responsible but rather their insurance company or their own defense lawyer. This is simply because dealing with car accidents, slip and falls or other types of personal injury, the person at fault will most likely have an insurance company that is obligated to pay for such injuries.

The first thing your personal injury attorney will do during such a case is to send a demand letter to the offending party outlining the details of you case, in this outline there will a description about the details of the accident, the injuries you incurred and why you and your lawyer believe the insured person is at fault; he will also list an expected settlement amount.  The opposing party will thereafter respond and give a counter offer and you can expect that it will be lower than the initially demanded amount and they will continue to negotiate until they agree. Should they not agree on a settlement amount, you and your personal injury attorney will go on to file a formal suit against the negligent party.

Once your personal injury claim goes on to trial, it will take some time and there will be money involved until the matter comes to an end. The costs of you medical bills and lost wages will generally consist of the greater amount that your attorney will be demanding from the opposing party. You attorney could also include other monies such as punitive damages that re meant to punish the negligent party. Personal injury disputes are settles easily when there is an agreement between both parties in the case but when the counter offer is lower but is till within a good range that could cover your medical expenses together with lost wages, you may consider accepting the offer. However, when it is much lower than what will cover your expenses, you and your lawyer should discuss the prospects of proceeding to trial.

Categorized as Law