If you have the law on your side, you should not have to think twice about sitting down for insurance negotiations or taking your claim all the way to court.
However, reaching an agreement is often easier said than done.
You might have evidence, and an at-fault driver or negligent landlord could have admitted that their mistake caused your injuries, but instead of receiving a check in the mail, you could find your follow-up calls unanswered and your emails outright ignored. Even if you receive an offer that seems generous, it may be for significantly less than your case is actually worth.
Here is what you need to know when it comes time to choose between settling an insurance claim and taking a personal injury lawsuit to court:
Early Offers Are Often Inadequate
Sometimes, when the cause of an accident is apparent and there are no lingering questions about liability, the defendant’s insurance company will show up with an early offer of settlement.
If they are willing to cut you a check, it might even be for an impressive amount. Typical early-stage offers of settlement include compensation for:
- Your current hospital bills;
- Your transportation expenses; and
- Certain out-of-pocket costs.
Depending on the severity of your injuries, this initial offer could be enough to make you second-guess the wisdom of taking your claim to court. In some cases, accepting may even be worth your while, but you should never, ever risk signing away your rights if you are not 100% sure that an offer of settlement will meet all your needs.
Early-stage offers of settlement often fall short in unexpected ways, getting you through your first few weeks of recovery before leaving you empty-handed and optionless. Talking to a personal injury lawyer is 100% free, and it could save you from walking into a deal that is not quite as good as it seems.
Settlement Negotiations Are An Ongoing Process
If you file a personal injury lawsuit, you will not get a trial date immediately.
Instead, you will probably continue negotiating with the defendant, their insurance company, and defense lawyer all the way until a trial date has been set.
Once your date has been set, you must contend with processes such as:
- Pre-trial motions;
- Discovery; and
- Arbitration or mediation.
Settlement negotiations can occur at any point before trial, and it is not uncommon for agreements to be reached within days of the trial deadline. It is all about risk and reward. How you should act, if you should settle, or if you should go to trial, is a question that can only be answered within the context of your case, its circumstances, and the available evidence.
You Cannot Afford To Be Unprepared For Trial
Of all the personal injury lawsuits that make their way through New York’s supreme courts, most are resolved not in trial but during pre-trial settlement negotiations.
So, in all probability, your case will not go to trial. Even if you win, there is a good chance you will be going home with a settlement check rather than a court-ordered award. But this does not mean that you can, or should, take chances with your claim. Insurance companies and defense lawyers have every incentive to nickel-and-dime your settlement, and they are not going to part ways with a single dollar that cannot be justified by an injury, a piece of evidence, or a legal theory. You have to know how to structure your argument, and you cannot afford to cut corners.
Prioritize your rights: call Jed Dietrich, Esq., today to speak to a personal injury lawyer and schedule your free, no-obligation consultation.