Why Settle a Claim Instead of File a Lawsuit?

If you have been involved in a vehicle accident, a slip and fall incident or some other kind of case that caused personal injury, you have legal right to pursue compensation through the court system for the injuries and losses you have endured. However, the individual responsible for your injuries likely has an insurance policy to cover your losses, which could allow you to circumvent a judge and jury while still receiving financial recompense.

In all likelihood, the insurance carrier will look at the evidence of your claim and offer you a settlement amount if you agree not to pursue a court case (lawsuit). Offering the settlement is usually a better solution for the insurance carrier. This is because providing you a settlement can save the insurance company tens of thousands of dollars on defending the responsible party at trial.

Deciding to settle is often beneficial to you because the case can be resolved much quicker than going to trial, which can take months or years to complete. An out-of-court settlement is actually a compromise between the parties responsible for causing your injuries and you.

How Much Is Offered

If the party responsible for your injuries maintain an insurance policy, usually the insurance company will handle every aspect of the claim. Because of that, the claims adjuster representing for the insurance carrier will do nearly anything they can to resolve your claim before it ever turns into a lawsuit that goes to trial. However, because the insurance company is a business designed to generate profits, they strive hard to minimize costs while managing risks.

If you are handling the case on your own, the claims adjuster will have a significant advantage over your skills as a negotiator when it is time to offer you a settlement amount. Because of your disadvantage to negotiate effectively, you will likely settle for an amount much lower than the actual value of your case. Because of that, it is important to hire a reputable personal injury attorney who specializes in accidents exactly like yours.

A skilled attorney will understand that insurance companies are usually willing to offer more for personal injury claim if they believe the case will go to trial, where an unpredictable jury will decide its outcome. To maximize the amount you receive, the reputable personal injury law firm handling your claim will build a solid case to obtain recompense by performing a variety of actions that include:

• Gather detailed information from you concerning your viewpoint of the accident or incident
• Ensure you are receiving proper medical care, where the costs involved will be paid out of the settlement or from an award at trial
• Collect and review police records and medical documents concerning the accident and your injuries
• Locate eyewitnesses and have each one sign an affidavit as to what they saw
• Hire investigators to re-create the accident scene to determine all parties at fault or responsible for your injuries
• Use proven legal methods to determine the actual value of your claim
• Prepare the case for negotiation

Negotiating a Settlement

Because of the amount of time and effort your personal injury attorney has taken to prepare your case, the lawyer is fully prepared to negotiate a settlement for the highest amount possible. The attorney will speak directly with the insurance carrier and show why your injuries are substantial, your damages are great, and why you need a higher amount of compensation to fully heal in months and years ahead.

The attorney will fight for economic and non-economic damages. This includes compensation to cover the cost of hospitalization, medical bills, rehabilitation and physical therapy expenses, lost wages, lost earning capacity, pain and suffering.

In the event the financial settlement compromise cannot be reached, you can reject the offer, file a lawsuit against the defendant and take the claim to trial. Your personal injury attorney will handle every aspect of your case to ensure every step is taken to maximize the amount of compensation you receive.