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Receiving a settlement offer in your personal injury case can feel like a turning point. It's tempting to accept the money and move on. But is the offer truly fair? Are you leaving money on the table?
At Burnett Injury Group, we guide clients through these crucial decisions, ensuring they understand the full value of their claims.
Understanding Personal Injury Settlements
After a personal injury, you typically file a claim with the at-fault party's insurance company. The insurance company investigates the accident and your injuries.
Based on their assessment, they may make a settlement offer. This offer is an attempt to resolve your claim without going to court. However, the initial offer is often lower than what you are actually entitled to.
What to Consider Before Accepting a Settlement
Before you sign any documents or accept a settlement, carefully consider these factors:
- Medical Expenses: Have you accurately accounted for all past and future medical expenses related to your injuries? This includes doctor visits, hospital stays, physical therapy, medication, and any necessary medical equipment. Make sure you understand any long-term care you may need.
- Lost Wages: How much income have you lost due to your injuries? This includes not only wages, but also salary, and potentially even bonuses and benefits. You may be entitled to compensation for lost earning capacity if your injuries prevent you from returning to your previous job or pursuing future career opportunities.
- Pain and Suffering: This refers to the physical pain and emotional distress you have experienced as a result of the accident. It can be difficult to quantify, but it is a legitimate component of your damages. Factors considered include the severity of your injuries, the length of your recovery, and the impact on your daily life.
- Future Damages: Consider any long-term effects of your injuries. Will you require ongoing medical treatment? Will you experience chronic pain? Will your injuries limit your ability to work or enjoy life? A fair settlement should account for these future damages.
- Property Damage: Have you been fully compensated for any property damage, such as damage to your vehicle?
- Liability: Are you confident that the other party was at fault for the accident? If there is a dispute about liability, it may affect the value of your claim.
- The Full Extent of Your Injuries: Sometimes, the full extent of injuries is not immediately apparent. Before you accept a settlement, make sure you have a clear understanding of your diagnosis and prognosis.
Why the Initial Settlement Offer is Often Too Low
Insurance companies are businesses, and their goal is to minimize payouts. The initial settlement offer is often a starting point in negotiations. It is typically based on a quick assessment of your damages, without fully considering the long-term impact of your injuries.
Insurance adjusters may use tactics to pressure you into accepting a low offer, such as:
- Downplaying Your Injuries: They may argue that your injuries are not as severe as you claim.
- Challenging Liability: They may try to shift blame to you or argue that the other party was not at fault.
- Setting Artificial Deadlines: They may pressure you to accept the offer quickly by setting artificial deadlines.
It is important to remember that you are not obligated to accept the first offer. You have the right to negotiate for a fair settlement.
What Happens After You Accept a Settlement?
Once you accept a settlement offer, you will be required to sign a release form. This form releases the at-fault party and their insurance company from any further liability. This means you cannot pursue any further legal action against them for the same accident.
It is extremely important to understand the terms of the release form before you sign it.
Don't Settle for Less Than You Deserve
Are you unsure whether to accept a settlement offer? Don't go it alone. Contact Burnett Injury Group today for a free and confidential case evaluation. We will review your case and help you understand your options and get the compensation you deserve.
