How To Decide If An Injury Settlement Is Enough?


In personal injury law, a settlement is by far the most likely positive outcome for a case. Even if someone sues, the odds are fairly high that they will settle without going to trial. Consequently, it's important to know how to determine when to accept a settlement offer from an insurer or a defendant.

How can you tell if it's time to settle, though? A personal injury lawyer will assess these three criteria before telling a client their recommendation regarding a possible settlement.

A Victim's Maximum Physical Recovery

An injury lawyer will want to know how close to maximum physical recovery a victim is before recommending acceptance of a settlement offer. You don't want to settle too soon because injury law prohibits you from suing a second time if you discover additional problems down the road. If a sore neck turns out to be a spinal injury, for example, your injury attorney will want to know that before encouraging you to settle.

Likewise, a personal injury lawyer will compare the offer to a client's expected lifetime costs. If someone will need millions of dollars of lifelong nursing care, a personal injury law service firm will work hard to get a settlement to cover projected costs in addition to other medical and legal expenses.

Similar Settlements

A personal injury attorney will look at data tables and their professional experience to compare a client's case to others. While no two cases are perfectly alike, similar settlements can inform your decision. If the insurance company is far off from what an injury attorney has seen before in similar cases, your counsel will probably advise against settling.

Likelihood of Winning at Trial

No personal injury lawyer can tell you with certainty what your odds of winning at trial are. However, they can make an educated guess based on experience and how similar cases have landed in court. If an injury attorney is confident that a client can prevail at trial, they may not be as quick to recommend a lower settlement offer. Conversely, clients do need to be realistic about their chances in court and choose accordingly.

Remember, the insurance company is trying to keep its costs down. They don't necessarily want a costly legal battle even if they think it's possible the defendant could lose. Also, there is a risk a jury might deliver a bigger judgment than the victim originally demanded. If the odds aren't great for the insurer, they're going to want to settle if at all possible. 

For more information, contact a local firm like Henley & Henley, PC.


19 October 2022

Staying Strong During A Legal Battle

When you are involved in a messy car accident, things can get complicated fast. In addition to proving who was at fault, you might also have to worry about healing. However, you don't have to endure long phone calls and complicated insurance paperwork on your own. Hiring an attorney is the key to remaining strong during the aftermath of a car accident. As you think about your own situation, try to figure out if you can do things on your own. If you feel like you need a little help, don't be afraid to talk with an attorney. The information on this website should help you to decide how legal counsel can help you.