At Maison Law, we advocate on behalf of personal injury victims in California. The experienced accident attorneys will use their legal expertise to exercise every possible avenue to get you fairly compensated for your damages. Contact Maison Law today for a free consultation and case evaluation.
Is My Settlement Offer Enough?
The goal of both the defense (the party being sued) and the plaintiff (the injured party, suing for damages) is to arrive at an agreeable settlement amount that takes into account what the plaintiff would receive through a court judgment. For this reason, it is important to partner with a reputable attorney who understands how personal injury cases are resolved in court and is a good negotiator.
Here are some factors that can affect your final settlement:
- Strength or weakness of the victim’s claims for recklessness by the defense
- The existence of carelessness on the victim’s part, which may have caused the accident
- Whether jurisdiction of the case is plaintiff-friendly or defendant-friendly
- Duration of the victim’s injuries
- Any caps or limits on certain damages or insurance policies
Other legal factors may contribute to a low settlement offer, or it may be a case in which the defense is not cooperating. If you do feel the settlement is too low, then an attorney will represent you in court and help you build a case for more compensation.
Why Would One Party Look to Settle?
There is an additional incentive for the defense to want to settle your case because of how unpredictable a jury can be. A trial could potentially conclude with the defense paying hundreds of thousands of dollars more than if they settled, plus they will also be on the hook for attorney’s fees, expert witnesses, and trial costs. Even if they could successfully win their case against you, they will most likely still end up spending more in attorney’s fees and court costs than if they settled your claim. However, there are other reasons why the liable party may look to settle. They include:
- Risk management: settlements mitigate risk by ending the lawsuit for both parties
- Cost savings: legal proceedings are expensive and can cost extensive amounts of money, time, and resources
- Control over outcome: a settlement allows the party to control the outcome, rather than awaiting an unpredictable trial verdict
- Confidentiality: settlements can also be an agreement to keep information private, while trials are public
- Preservation of relationships: trials can be damaging to long-term business relationships as they tend to become adversarial, whereas settlements allow both parties to walk away without dispute
- Immediate resolution: trials require lots of time and preparation, whereas settlements can end claims immediately
Despite the benefits of reaching a fair settlement, if the defense is not even close to covering your damages with their offer, then an attorney will be needed to file a lawsuit and represent you in a trial. For an experienced personal injury trial lawyer, contact Maison Law to understand the value of your case and see what legal options are available to you.
What is My Personal Injury Case Worth in California?
Before you decide whether or not to settle your personal injury case, you need to understand how much your lawsuit is worth. However, it is important to know the outcomes of every case vary widely. It is recommended to speak to a reputable attorney to fully comprehend the value of your claim. An experienced personal injury attorney can send a demand letter to the insurance company, requesting compensation for your actual losses, which include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your injuries
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
These losses will go toward your settlement amount, as well as non-economic damages such as:
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
In addition to non-economic losses, plaintiffs are eligible to request more money for their non-economic damages if they:
- Had a long recovery period
- Required invasive medical treatment, or medical treatments that were ongoing
- Were particularly painful injuries
- Had obvious physical signs of the injury like scars, or loss of a limb
- Contained severe injuries that resulted in permanent physical alterations or disabil
An experienced personal injury attorney will be able to work alongside you to break down the details of your case and give you an accurate estimate of what your case is worth.
Contact a Personal Injury Lawyer in California
If you or a loved one have been involved in a personal injury accident in California, Maison Law is here to get you the compensation you need. Our team of experienced accident attorneys are expert negotiators and will aggressively pursue fair compensation for your damages. If you’re being “low-balled” by the insurance companies and feel you deserve a better settlement, contact Maison Law today for a free consultation and case evaluation. There are no hidden fees and you will not be charged a cent until we’ve won your case.
