Personal injury case settlement information.
Settling a personal injury case for maximum case value has always been a difficult thing to do. Even the "best" cases fail to impress insurance adjusters that have to answer to shareholders. This guide contains some realities involved with settlement.
You will never settle for what you think your case is worth.Learn it now: settlement means you get less than what you feel your case is really worth. It also means the other side may pay more than they feel they need to. Few people walk away from settlements feeling great about the case outcome. There are, of course, exceptions, however. I'll say it now: if you want the maximum recovery for any injury case, roll the dice and go to trial.
Failure to appreciate the negatives involving your case will severely limit the other side's offer.Face it, there are no perfect cases. You may think there's nothing that could hurt your case, but you are wrong. Even the slightest issue with you or your medical treatment will be exploited by the other side. They'll argue you already had these injuries before this case and you're just trying to get money now. If you avoided medical treatment after a wreck and then eventually got it, that's a negative that hurts you. Even if you had nothing to do with causing the injury, you can hurt your case, big time! Realizing you and your case aren't perfect will maximize your recovery. I go so far as to willingly admit my case weaknesses to the other side. I then explain any negatives placing my own "spin" on them. By admitting weaknesses, I earn credibility with the other side. They see that I'm fair, but that I can't or won't be bullied or intimidated by even bad facts against us.
Never, ever accept the other side's first counter-offer.I've had cases settle after back and forth negotiations lasting several days. I've had mediations that lasted four hours and the settlement came after battling for every minute of that time. Yes, we could have left sooner, but we got the top dollar by being patient and understanding how the process works. If settlement doesn't happen after all negotiations, your case can still be settled before a trial assuming you filed a lawsuit. I've settled cases a week after filing a lawsuit. It was the filing that caused the other side to make a better offer. Guess they thought we were bluffing about litigation. I've also settled cases on the morning of trial. Settlement is a process and cannot be thought of as only available right after the injury. Play the game and be patient.
Don't try this without a lawyer on your side.Yeah, yeah, I know, you're smarter than even the best lawyer that's ever been on this planet. You can settle your case on your own and can get as much as any lawyer, right? Wrong! Statistically, lawyers get at least 1/3 to 1/2 more money than those without lawyers. In many cases, that amounts to tens if not hundreds of thousands of dollars more money. Unless you know exactly how this settlement game is played, you are just losing out on lots of money. Just get an attorney already.