Is Settling A Personal Injury Claim Usually Better Than Going To Trial?

When you settle your claim, you maintain control over the result. As long as you have successfully negotiated with the insurance company, you have controlled the result to some extent. When you go to trial, you are relying on the judgment of 12 people you have conscripted off the street to decide what your case is worth. Sometimes, they do a great job at that and sometimes they decide cases for strange reasons that have nothing to do with the facts as you saw them. As long as both sides are being reasonable, it is usually better to settle the case. If the insurance company is being adamantly unreasonable, though, it’s important to be willing to go to trial. I handled a case where we had a pre-trial offer of $7,500 and that was completely unreasonable. We went to trial and got a jury verdict of over half a million dollars.

Is There A Minimum Personal Injury Settlement Amount?

Settlements amounts vary dependent on what the injuries are. There is an amount below which it might not be economical for you to hire an attorney. If you were in a car accident where you suffered a couple of bruises and you are fine the week after, you might just get that resolved directly with the insurance adjuster for less than $1,000. However, there is no minimum to a personal injury settlement.

Does The Severity Of My Injury Ensure The Likelihood Of Getting A Larger Settlement?

The more severe your injury, the greater the likelihood that we’ll be able to get you a larger settlement, but there are no promises. It depends on what arguments the insurance company can make that you were at fault. It depends on what arguments the insurance company may make regarding your past medical history. It may depend, in part, on what insurance is available on the other side and what underinsured motorist coverage you have. There are a lot of factors that go into determining what kind of settlement you can get.

Will All Future Medical Costs Be Taken Into Account In My Auto Accident Settlement?

The future costs that we can say are reasonably certain to occur do get taken into account, but what you are going to receive is a lump sum settlement. We are going to look at what the costs would be for your future care and include that as part of the demand for settlement, in addition to your past medical costs, pain and suffering, lost wages, and property damage. That will be the basis for negotiating the resolution of your case.

How Will Pre-Existing Conditions Impact My Personal Injury Settlement?

A pre-existing condition doesn’t mean that we can’t help you but pre-existing conditions make your case harder because the insurance company can make the argument that it is the cause for your ongoing pain, as opposed to the accident. Depending on the specifics of your situation, that often holds power in front of a jury. When we settle your case, we have to take into account the possibility that it could be lost based on that argument. This means that the settlement may be less than if you had no pre-existing conditions and they were unable to make that argument.

For more information on Settling A Claim Vs. Litigation Of A Claim, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (408) 687-9155 today.