When you're badly injured, the last thing you want to think about is filling out paperwork, searching for an attorney, or trying to gather evidence. Yet, these steps are necessary if you want to collect the compensation you deserve due to someone else's negligence. The more you know about personal injury cases and hiring an attorney, the less stressful this time will be.
We've created this website to offer basic personal injury law advice for anyone who has been injured or who may become injured in the future. Keep in mind that if you've been injured in a car accident, due to medical neglect, or even by slipping in someone else's parking lot, your case qualifies a personal injury case — and thus you'll find our collection of articles relevant.
Car accident cases typically settle before trial. Settlement before trial saves both time and money. However, you shouldn't settle your case just to avoid trial. You should settle your case if it's better than the litigation option. Below are some of the cases when you should settle your case.
You Have Reached MMI
Once you start your medical treatment, you will get to a point where your doctors don't expect further improvement in your case. You can get to that point fully healed or with lingering issues. For example, you may reach your maximum medical improvement (MMI) with a permanent disability.
You will get a good grasp of your injury once you hit your MMI. At that point, you can gauge:
- Whether your injuries are permanent or temporary
- Whether you need future medical care
- The true cost of your medical care
With the knowledge, you can determine the fairness of the adjuster's offer.
You Understand Your Case's Value
Never settle your case until you understand its true value. Account for all the losses you have suffered because of the accident. Some of the damages to include:
- Medical bills
- Pain and suffering
- Lost wages
- Loss of future earning capacity
- Property damage
Get accurate appraisals, liaise with professionals (such as vocational experts), and gather the documents you need to prove your case. That way, even the adjuster will give your demand the seriousness it deserves.
The Adjuster's Offer Is Reasonable
The settlement process is a negotiation process. The adjuster expects you to start with a higher demand than you will eventually accept. You should also expect the adjuster to make a lower offer than they will eventually end with. Expect some back and forth until you reach an agreement.
Don't accept the adjuster's offer while it is still miles apart from your demand. Wait until the difference between your demand and the adjuster's offer isn't worth litigating.
Your Damages Are Minimal
Lastly, you can also accept an out-of-court settlement if your damages are minimal. Going to court is usually expensive and requires considerable resources. Apart from lawyer fees, you also have to pay court costs such as travel costs, court filing fees, and expert witness fees. You shouldn't pay for all those costs if your case is only worth a little money.
Hopefully, you will settle your case outside the courtroom with minimal fuss. However, don't forget that you have the right to proceed to court if the adjuster's offer doesn't satisfy you. Just make sure you have a car accident lawyer handle your case.