If you have been injured due to someone elseâ€™s carelessness or negligence, you may be understandably eager to settle the ensuing personal injury lawsuit, especially if your injuries have left you unable to work and the medical bills are mounting. It is important, however, to resist the urge to accept a low offer early in the negotiation process.
Donâ€™t listen to adjusters
Insurance adjusters can be very persuasive when they are trying to get you to settle for less than the fair value of your case. They may try to get you to admit that you were partially, if not completely, to blame for your injuries. Their job is to collect information that minimizes any settlement or award you may be entitled to. Protect yourself by letting your personal injury attorney deal with them.
Preparing a case can take time
Your personal injury attorney needs time to fully prepare your case. There are witnesses to interview and depose, medical records, police reports, and related documents to collect, and expert witnesses to locate. It is also possible that the party liable for your injuries will claim to have less insurance coverage than they actually do. Your attorney can discover the truth, but only after investigating.
While this all takes time, bear in mind that a case that has been properly developed is a lot more likely to result in a fair value settlement than one that has been rushed.
There can be legal reasons why jumping at a settlement offer prematurely is not the route to take. One of these is the existence of multiple defendants.
Motor vehicle accidents are a common example. If you are hit by a commercial truck, there are different parties involved, namely the driver and his / her employer. If a drunk driver hits you and causes you to be seriously injured, both the driver and the bar who served them while they were clearly intoxicated can be held liable. When you settle with one, your chances of getting a fair settlement from the other defendants can be compromised.
When is it â€œsafeâ€ to settle?
Recommended times for settling include pretrial events such as major depositions or hearings. By this point, it has become obvious that low offers will not be entertained, so defendants and the insurance companies are considering their liability risk and the potential costs associated with continuing to litigate the case.Â If you receive a fair offer at a pivotal pretrial event, that might be the best opportunity to settle.
When you hire a personal injury attorney, they will advocate for you at all stages of the negotiation and settlement processes, and if the case is sent to trial, their primary goal will always be to get you the compensation you need to recover from the accident and heal. To schedule a free in-person consultation with attorney Jayson Lutzky, call 718-514-6619 or visit www.MyNewYorkCityLawyer.com. Mr. Lutzky has more than 33 years of experience and has recovered millions of dollars for victims of accidents.