There’s no question that you’re going to face a lot of challenges after a car accident. You’ll likely be hit with extensive pain and limited mobility, your psychological trauma can make it hard to cope on a daily basis and the financial losses thrust upon you can render it hard to make ends meet. With these pressures weighing down on you, it might be tempting to rush through any subsequent legal action to try to obtain closure and compensation as quickly as possible. While it’s true that the vast majority of personal injury cases settle before heading to trial, you need to carefully navigate your settlement negotiations to ensure you’re getting the most out of the process.
But figuring out how to pursue your car accident settlement can be tricky to figure out, especially if you’ve never been in this situation before. We hope that after reading the remainder of this post you’ll have a greater sense of direction so that you can make the informed decisions that are right for you and your future.
Key considerations in car accident settlement negotiations
Before engaging in settlement talks, you need to have a solid game plan. To develop that strategy, you need to consider each of the following:
- The value of your claim: You won’t know what settlement amount is appropriate until you’ve calculated all your damages. Therefore, take a holistic look at the harm caused by your accident injuries. While you’ll want to tally your lost wages and medical expenses, you can’t overlook your anticipated medical and rehabilitation costs, and you need clear articulation of your pain and suffering, mental anguish and lost enjoyment of life. All these losses are compensable.
- The strength of your evidence: The strength of your case will play a key role in settlement negotiations. If your case is overwhelmingly strong, then you might be able to successfully push for more compensation. If there are weaknesses in your claim, though, such as if you made a mistake that could give way to a comparative fault argument, then you might need to be a little more careful with how aggressively you push for more compensation.
- Your willingness to persevere: A personal injury lawsuit can take a while to play out. In the meantime, you may have to turn to savings or family and friends for help covering your bills. But if you feel like you can’t stay afloat that long, or you simply don’t want to deal with the ongoing stress of a pending legal claim, then quicker settlement might be right for you. Carefully think through what you can handle and what you think is right for you.
- What you want out of your future: The goal of a personal injury case is to make yourself as whole as possible after being hurt in your wreck. If you want to shield your future as much as possible, then taking your case to trial may be the best way to get the most out of your case if the defense is playing hardball during settlement talks. But, if you’re articulate in your negotiation strategy, then you might still be able to preserve your future through negotiations. Just keep your end goal in mind and figure out which avenue best positions you to attain it.
Develop the personal injury legal strategy that best positions you for success
There’s a lot that goes into a personal injury case. We know the stress of it all can feel overwhelming, but a strong legal strategy should give you some comfort. So, if you’re ready to build a compelling legal claim that seeks to protect your future, then now is the time to start building your case.
