If you were injured as a result of someone else’s wrongdoing or negligence, you can pursue financial compensation. Every injury is different, and your experiences following an accident are unique. While economic damages can be easily determined, it can be more difficult to calculate your non-economic losses.
Dealing with the aftermath of being injured in an accident can be stressful and overwhelming. While you are trying to heal from your injury, the insurance company will be trying to resolve your case. It may be tempting to accept what the insurance company is offering as your medical bills continue to accumulate. Before accepting a settlement offer from the insurance company, consult with an experienced personal injury attorney so that you receive the full amount you are entitled to.
Is This a Good Time To Settle Your Case?
If you were injured in a car accident or other personal injury incident, a financial burden is likely to follow. Medical bills continue to accrue, and insurance companies know that you need money during this time. Insurance companies are likely to make you a low initial offer. You are not required to accept this offer, and it is often in your best interest not to do so.
The following are a few things to consider before accepting an offer:
Do You Know the Extent of Your Injuries?
If you accept an early settlement, you are taking a huge risk. If symptoms take time to appear or you end up hurt worse than initially thought, you may not recover enough compensation. Once you settle your claim, any losses that you later suffer as a result of the accident will fall on you.
Is Your Treatment Complete?
If you are still receiving treatment for your injuries, it is likely too soon to settle your case. However, if you are close to the statute of limitations, you may need to settle your case before you are done being treated or file a lawsuit. In Florida, you have two years (in most instances) to bring your personal injury case to court before you are barred from recovering damages.
An insurance company is likely to make you a settlement offer if their client is at fault. Remember that you do not have to accept a settlement just because the insurance company offers it. Before accepting a settlement offer, consult with an experienced personal injury attorney.
The Insurance Adjuster Is Trained To Pay as Little as Possible
You may find yourself in an adversarial relationship with the insurance company. You have suffered injuries and are looking to recover what you deserve. However, the insurance company wants to give you the least amount of money possible. This often leads to an unfairly low settlement offer being made.
You may begin feeling pressured to accept a settlement offer, but receiving legal advice is worth the effort so that you recover the compensation you need and deserve going forward.
Before verbally accepting a settlement offer, consult with a personal injury attorney. Do not feel pressured to accept an offer right away. You can inform the insurance company that you do not accept their offer.
Is the Compensation for Pain and Suffering Adequate?
Pain and suffering and other consequences that aren’t necessarily financial often result from physical injuries. You can recover compensation for these impacts as part of your personal injury claim.
Accident victims experience pain differently, so no two cases are exactly alike in their values. In addition to pursuing lost income or medical expenses, you can also pursue non-economic damages, of which pain and suffering is one category. Unlike medical expenses or lost income, it can be difficult to quantify pain and suffering. Pain and suffering does not cost a specific amount, so insurance companies will attempt to calculate it.
The following are examples of evidence that can be used to show pain and suffering:
- The written opinion or testimony of a medical professional that verifies your pain
- The written opinion or testimony of a mental health professional that details your pain and suffering
- The judgment of an expert that discusses pain and suffering in injuries that are similar to yours
- Your own testimony regarding your pain and suffering
It is difficult to successfully seek damages for pain and suffering by yourself. An experienced personal injury attorney can work to determine how much you are owed for pain and suffering.
What Happens if a Settlement Cannot be Reached?
If you do not agree to accept the settlement offer, your personal injury attorney can negotiate with the insurer for better compensation. You may not be satisfied with subsequent settlement offers, for instance, or the amount proposed may not be sufficient to cover your expenses.
Your attorney will conduct an investigation into your claim and calculate your damages. This process will be challenging, but it will help you avoid accepting an unfair settlement offer.
If you are unable to reach a settlement agreement with the insurance company, your attorney can inform the insurance company that you wish to go to court. This will allow both parties to go through the process of discovery, and your attorney will begin dealing with defense counsel.
After the discovery process, which allows each party to obtain evidence in possession of the other, the opposing party may be more willing to renegotiate and offer you a better settlement. If you are still not satisfied with the settlement offer, a trial will likely commence. However, keep in mind that personal injury cases rarely make it to court, let alone trial.
Consult With a Clearwater Personal Injury Lawyer
Were you injured in an accident? When you contact an experienced Clearwater personal injury attorney they can help you navigate the settlement process. Your attorney will negotiate with the insurance company, attempt to reach a settlement, and advocate for you in court if needed. Call us today at (727) 787-2500 an experienced personal injury lawyer at Roman Austin Personal Injury Lawyers will give you the help you need.
