Dedicated Personal Injury Lawyers In The Chicagoland Area

Know what to consider before settling your case

On Behalf of | Jul 1, 2020 | Personal Injury |

A car accident can leave you with serious injuries. If you’re lucky, you might be able to get back to your normal life pretty quickly, but the tragic reality is that many individual who are injured in a wreck suffer devastating harm that completely redefines how they live. If you’re in this situation, then the realities of your condition are probably overwhelming. You might be worrying about treating your physical condition and reclaiming as much mobility as possible while easing your pain and suffering, but you’re probably also concerned about the financial ramifications of your situation. There’s no doubt that the damages associated with a serious car accident injury can be enormous, which is why you might need to consider legal action.

Yes, filing a lawsuit is a process that inherently entails conflict. However, you shouldn’t let the possibility of going to court and arguing your case spur you into settling your case prematurely. After all, most settlement offers are far too low. This is because negligent drivers and their insurance companies know that victims just want money as quickly as possible and that those victims struggle to recognize the true value of their case.

Don’t let this be you. Instead, you should proactively assess your case so that you know when an offer is too low and to negotiate for more, when an offer is acceptable, and when you simply need to walk away and go to trial. Here are some things to think about as you prepare for settlement negotiations:

  • What are the strengths of your case: You need to take a close look at your evidence and determine just how strong it is. This means speaking to witnesses, gathering police and medical reports, and analyzing other evidentiary issues. To know the strength of your case, though, you’ll need to know the legal standard and applicable law. An attorney can help you with all of this.
  • Know the weaknesses of your case: There’s probably some evidence that in unfavorable to your case. You need to be prepared to minimize it as much as possible, as any evidence of negligence on your part might reduce or eliminate your ability to recover the full extent of your damages. If your case is fraught with weaknesses, then you might want to be more prepared to settle.
  • How have similar cases panned out: By looking at cases with similar facts, you might be able to get a clearer sense of how juries have found liability. This information can help spur negotiations one way or another, so you need to know recent cases that may have a bearing on your claim.
  • How much is your case really worth: This is often a difficult question to answer. Sure, you’ll have extensive medical expenses and costs associated with rehabilitative care, but your lost wages, lost earnings capacity, and pain and suffering also need to be taken into consideration. Since a lot of these are future damages, you’ll need competent evidence that supports your calculations. Once you have a figure supported by evidence, you’ll have a better sense of whether a settlement offer is too low or acceptable.
  • How much effort do you want to put into your case: There’s no question that litigation can be stressful, frustrating, and take a significant amount of time. Therefore, you’ll want to consider how much you want to deal with the realities of litigating your case when deciding whether to accept a settlement offer.

After suffering a serious injury, the last thing you probably want to think about is going to court or sitting down at a table with the individual who caused your injuries. But you’ll have to be involved in the process to a certain extent to get what you want. The good news is that you don’t have to face these issues on your own. Instead, skilled attorneys like those at our law firm stand ready to help you fight for what you deserve.