Should you settle your personal injury claim?

On Behalf of | Jan 30, 2023 | Personal Injury |

A car accident can turn your life upside down. While you’ll certainly have to find a way to cope with the physical injuries that have been dealt to you, you’ll also have to find a way to ease the mental and emotional pain and suffering that has been caused to you as well as find a way to offset the financial damages that have come down on you.

These losses can be significant, too. You may find it hard to engage in the activities that you once loved, such as playing with your children, and you might find it difficult to cover medical bills while paying your mortgage.

As a result, you might be left feeling like the future is bleak. But don’t despair. A personal injury lawsuit may be the light at the end of the tunnel that you need.

What you need to know about settlement offers

But if you want to obtain the best outcome possible for you and your family, then you need to be prepared to appropriately address a settlement offer. After all, the vast majority of these cases resolve before trial, but you should refrain from immediately jumping on a settlement offer simply because it’s a quick route to some financial relief.

Instead, once a settlement offer is made, you should slow down and consider the following to see if the proposal is really in line with your expectations and what you deserve:

  • The true extent of your damages: The offered settlement amount may seem like a lot, but it might pale in comparison to what your losses are actually worth. Therefore, before taking action on a settlement offer you should make sure that you calculate the true extent of your damages. This includes incurred medical expenses and lost wages, but you also want to be forward-looking, taking into account your anticipated losses. Don’t overlook the value of your non-economic damages, too, such as pain and suffering and loss of enjoyment of life.
  • Comparative fault: Georgia recognizes comparative fault, which means that your ultimate recovery could be reduced by the amount of fault that is assigned to you at trial. So, if you think there are facts that support a showing that you were partially at fault for the accident, then you need to take that into consideration as you mull over a settlement offer.
  • The evidence: There’s risk involved with taking a case to trial. But you can better gauge the extent of that risk by looking closely at the evidence. This will help you calculate your likelihood of succeeding at trial, which can give you a significant amount of leverage at the negotiation table. Just make sure that you’re holistic in this analysis and don’t overinflate your chances of winning and obtaining the full amount of your damages.
  • Your willingness to deal with the process: Moving forward with litigation can be stressful and time-consuming. Therefore, as you’re considering your settlement offer, you’ll also want to ask yourself how much of your life you want to devote to taking your case forward. Of course, much of this analysis may depend on how close the settlement amount is to the true value of your losses.

Do you need a helping hand with your case?

The outcome of your personal injury case can have tremendous ramifications for your future. That’s why it’s imperative that you take the time needed to make the right decision for you and your family.

We know that can be difficult to do under the circumstances, but that’s why legal teams like ours are here to help. A skilled attorney can help you analyze the facts of your case, craft persuasive legal arguments, and give you guidance as to your best path forward. Hopefully, with that assistance by your side you’ll be able to find accountability and recover the compensation that you deserve.