personal injury claim
Settle Your Personal Injury Claim
Most people think of lawsuits when they think about personal injury claims. The reality is, the great majority (probably better than 90%) of injury claims are settled out of court. It’s faster, easier, less expensive, and less risky for both sides. In this section, we’ve put together all the legal information and practical advice we’ve published on the settlement negotiation process.
Start with an introductory article on the main legal and financial considerations.
Understand the basics of personal injury settlements.
An overview of the basic strategy for negotiating a good settlement of a personal injury claim.
If you have been injured in an accident, you’ll probably wind up settling your claim. Here are key questions and quick answers.
Most personal injury lawsuits settle out of court, and for good reason. Settlement is faster, less expensive, and less risky.
Injured plaintiffs often want to know if there is an average settlement so they can determine the value of their own case. Unfortunately, it’s not that simple.
Just Getting Started
If you’re in the initial phases of your claim, these settlement tips will come in handy.
These tips can help you devise your strategy for negotiating a good personal injury settlement after an accident.
Make sure you temper your settlement expectations with an honest assessment of your case, the defendant, and the losses you’ve suffered.
Coming up with a reasonably accurate initial demand is an important step towards a favorable outcome in a personal injury case.
Strategies after you’ve received an initial response to your injury claim.
Tips on how to proceed when you receive an unreasonably low personal injury settlement offer.
Setting Up Your Demand
Getting the right number in mind – and the documentation to back it up – is key to a successful settlement.
After a car accident, slip and fall injury, or other accident, you want to resolve your case quickly and fairly, but how do you know what’s fair?
Both the nature and duration of the medical treatment you receive will play a large role in how the insurance company values your claim.
When it comes to making an injury claim, the more you document your injuries, the better.
During settlement negotiations, both sides will try to guess at how a jury would decide your case.
Pain and suffering is often the most significant point of contention. Make sure you’ve got some reasoning to back up your demand.
Dealing With an Insurer
You’ll probably be negotiating your settlement with an insurance company.
Learn how to get a sense of the potential dollar value of your insurance claim.
If you’re making a personal injury claim with an insurance company, it helps to understand how the adjuster arrives at a settlement offer before you choose to accept or reject it.
Settlement negotiations might be a little different when you’re dealing with your own insurance carrier.
When to engage an attorney.
You can save on legal fees by negotiating your own car accident or personal injury claim settlement. Here are the steps involved.
Once a lawyer gets involved, the settlement process may get a little more complicated. He or she uses a lot of legal tools – and experience – to negotiate the best possible deal.
You don’t need a personal injury lawyer to write a demand letter, but if there’s a lot of money at stake, you may benefit from professional help.
Preparing and Submitting a Demand Letter
Settlement negotiations begin in earnest by drafting and submitting a demand letter.
The purpose of the demand letter in a personal injury claim is to get settlement negotiations started. Here are some tips on writing one.
A well drafted demand letter can help you settle your injury case without the expense and time involved in litigating an injury lawsuit in civil court.
Find demand letters for a variety of injury cases. Start your own letter with an example, complete with information on the critical legal and financial issues.
Before you put pen to paper, make sure you understand the important elements — medical expenses, property damage, fault — of your injury claim.
Your damages play a large role in determining the value of your personal injury settlement, so be sure to clearly detail all your injuries and losses in your demand letter.
How you craft your version of events can help or hurt your position during injury settlement negotiations.
The personal injury settlement process starts with your demand letter. How much you ask for sets the tone for negotiations.
Steps in the Settlement Negotiation Process
Information on the back and forth that leads to a settlement.
An overview of the personal injury case settlement process to learn what to expect.
You want to settle you personal injury case quickly, but you don’t want to get “shorted” on money. Here are some things to be aware of before you accept a quick settlement.
There are several ways the insurance company can respond to your demand letter, including not at all.
There is no law that requires the insurance company to respond to your injury demand letter, but most will as a matter of good business practice.
When you’re told or promised anything important in the course of your injury claim, use a confirming letter to make a paper trail.
Legal Problems & Roadblocks
There are a few issues that can stop settlement dead in it’s tracks, even when you have a good case.
A look at your options if the personal injury settlement process hits the proverbial wall.
What to do when your insurer fails to live up to its legal obligation to act in good faith.
If there is no insurance policy against which to make your injury claim and the defendant doesn’t have deep pockets, the value of your case is effectively zero.
Once a Settlement Has Been Reached
A few notes on issues that come up after settlement.
Once you’ve accepted a settlement offer or won your personal injury trial, it’s time to collect your money. Here’s what to expect.
A lump sum payment is generally preferable to a structured settlement in an injury case, but there are some exceptions.
In any personal injury case, medical providers, insurance companies, and other third parties may claim some of your settlement money with a lien. Here’s how they work.
Does your injury settlement count as income for IRS tax purposes? Most do not, but there are exceptions.