What you need to think about before settling your case

On Behalf of | Sep 23, 2022 | Firm News |

Are you coping with significant physical, emotional and financial losses following your car accident? If so, you’re probably ready to find some accountability and a way out of your financial struggles. You might be thinking that pursuing a personal injury lawsuit is best for you, which very well may be the case. However, as you prepare to embark on your journey to pursue your claim, you need to be ready to push back against aggressive insurance companies if you want to secure an outcome that is right for you.

Should you accept a settlement offer in your case?

It really depends on the circumstances. Although a lot of these cases end up resolving without the need for litigation, you shouldn’t jump on an offer just because you’re currently facing some financial hardship. Instead, you need to carefully consider what sort of resolution is going to best protect your short-term and long-term interests. Therefore, as you prepare to head into settlement negotiations, be sure to take into account each of the following:

  • The extent of your damages: The only way to know whether a settlement offer adequately compensates you for your damages is to know the monetary value of the damages that you have experienced. While this includes calculating your medical bills, anticipated treatment costs, lost wages and lost earnings capacity, you’ll need to try to put a value on your pain and suffering, mental anguish and loss of enjoyment of life too. Once you have those losses calculated, you’ll be able to see how the settlement offer stacks up.
  • Evidence of your own fault: Under Georgia law, your ultimate recovery can be reduced by the percentage of fault that is attributable to you. This is known as contributory fault. Therefore, before you risk going to trial or accepting a settlement that’s lower than you expected, you’ll want to analyze the evidence to see if it’s indicative of you being at fault and take that into account as you determine whether a settlement offer is right for you.
  • Your likelihood of success at trial: Of course, you don’t want to risk going to trial if there’s a good chance that you’re going to lose. But you also don’t want to settle for less than you deserve if there’s a strong chance that you could win at trial. Juries are notoriously unpredictable, though, so you’ll want to make sure that you’re conducting a careful analysis here to make sure you’re making the decision that’s right for you.
  • Your immediate needs: If you’re able to make ends meet while you wait for your lawsuit to play out, you might be better positioned to take your case to trial. If, on the other hand, you need immediate financial relief, you might be better off thinking about taking a settlement.
  • Your willingness to deal with stress: Litigating a personal injury case can be stressful. Are you willing to deal with the uncertainty of it all? If so, waiting to take your case to trial shouldn’t be problematic for you.

 Taking the legal course of action that’s right for you

Ultimately, the decision of whether to settle your case or take it to trial is entirely up to you. But you can seek out guidance from an experienced law firm to better ensure that you’re making the choice that is right for you under the circumstances. One of these attorneys can then help you craft the persuasive legal arguments that you need to best position yourself for success. Hopefully then you can recover the compensation that you need to achieve as full of a recovery as possible.

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