In many cases, it's best to settle a personal injury case outside the court rather than go through litigation. Below are some of the tips you can use to achieve that goal.
Value Your Claim Correctly
You need to know how much your case is worth for you to settle it out of court. If you don't know the accurate value of your case, you might demand too much money that the insurance company may not pay. That may force you to sue the defendant and litigate your case.
Some of the things that determine how much your case is worth include:
The damages including economic, noneconomic, and punitive damages
- The strength of your case
- The existing laws
- The creditability of your witnesses
- The actions of the defendant
For example, there are laws that place caps or limits on some damages, such as punitive damages. Therefore, you might not settle your case if you demand more than the law prescribes for your case.
Present a Strong Case
The strength of your case determines whether the defendant is motivated to settle or not. Before the defendant (through their insurance company) settles your case, they will consider:
- Whether you can lose or win in court
- How much you can get if you win in court
- How much they can spend to defend the case
- How long the case can take in court
The stronger your case is, the more the above issues will favor you as opposed to the defendant. Your case is strong if you can prove liability, you have adequate admissible evidence, you have witnesses, and your case is anchored on a clear legal principle.
Know How to Negotiate
Your negotiation tactics can also make or break your personal injury claim. Even if you have a strong case, the claim process will be a battle of negotiators between you and the insurance adjuster. You can have a strong case but fail to convince the insurance company of this strength.
You need to support your demands, know how to refute the insurance company's claims, and know when the negotiation cannot proceed further. For example, you should not reject the adjuster's last offer if it is only a few dollars shy of your demand. In such a case, litigating the case would be a waste of resources because litigation is financially demanding.
Engaging an injury lawyer from the beginning of the case can also help you settle your claim. Of course, you have the right to litigate the case if you are convinced it would be the best way to get your compensation. Reach out to a personal injury lawyer today.
Share