When you've suffered an injury and you’re contemplating filing a lawsuit, one of the most important questions is, "What is a good settlement offer in a personal injury case?" The answer isn’t always straightforward.
You need to consider all the costs you have incurred and all you’re likely to incur going forward. These include your medical bills, lost earnings, and noneconomic losses (like pain and suffering). Knowing what to expect can help you avoid settling for less than you deserve.
In this post, we offer some personal injury settlement tips that will help you avoid getting short-changed. If you’d like a more detailed explanation of how all this will apply in your situation, you should schedule a free initial consultation with one of our personal injury attorneys.
Successful personal injury lawsuits result in three broad types of compensation; economic damages, noneconomic damages, and (in some cases) punitive damages.
Economic damages are the tangible, out-of-pocket costs you face after an injury. They are generally easy to quantify with bills and receipts. These include things like:
Noneconomic damages compensate you for the emotional and psychological toll your injuries have taken on your life. Pain and suffering, emotional distress, and loss of enjoyment of life fall into this category.
Punitive damages will be available in your case only if the defendant's actions were malicious (such as assault) or extremely negligent (such as drunk driving or egregious carelessness in the handling of dangerous materials).
While punitive damages are not the norm, they can significantly inflate settlements and verdicts when they are involved. Your personal injury lawyer will explore any possible avenue that might to lead to punitive damages in your case and use any findings to strengthen your position during settlement negotiations.
The most important step you can take in pursuit of a large settlement is to hire a top-class lawyer with plenty of experience when it comes to cases like yours.
Every personal injury case is different, but the factors that affect settlement size are often similar. You’ll need an attorney who understands how to use their negotiation skills effectively, gather as much solid evidence as possible, present this evidence properly, and understand the needs and motivations of both you and your opponent. If you partner with an attorney who can’t offer a service like this, you’ll probably make the process longer, more stressful, and less lucrative.
Aside from picking the right lawyer, there are a number of other measures you can take to increase your likelihood of securing a big settlement. These include:
If you’re uncertain about how to approach any element of the claims process, remember that your lawyer is always only a phone call away.
A lot of the time, the defendant in a personal injury case will be an insurance company. This can present problems, as insurers are profit-seeking enterprises that employ teams of lawyers to keep their liabilities low.
An insurance company agent may ask you to provide statements or sign documents that could ultimately hurt your case. Don’t sign anything without first consulting an attorney.
As noted above, you should also limit direct contact with insurers as much as possible. If an agent of the company sends you an email or tries to call you, refer them to your attorney right away.
The same rules apply when it comes to your own insurance provider. If you have no-fault car insurance, you typically file a claim with your own insurance company regardless of who was at fault for your accident. Many of our clients assume that because they’ve been paying their premiums, their insurance company will be on their side. This is not the case.
In general, cases involving severe, long-term injuries or wrongful death result in the biggest settlements.
For example, medical malpractice cases often lead to large settlements because the injuries involved are often life-altering and can require extensive, ongoing medical care. Catastrophic car and truck accident cases that lead to brain injuries or spinal cord damage also tend to result in significant settlements because victims may require lifelong medical care and suffer permanent disability. The impact on earning capacity and quality of life are also significant factors in these cases.
Additionally, cases with clear evidence of gross negligence or reckless behavior may result in punitive damages, which can substantially increase the overall settlement amount.
While you might assume that two people with the same type of injury would receive similar settlement amounts, this isn’t always the case. Many factors other than the extent of your injuries can influence the outcome of your case.
One such factor is the negotiating skill of the attorneys involved. A skilled lawyer will know how to build a strong case, present evidence effectively, and negotiate productively with opposing counsel. This can make a significant difference in the final settlement amount, even if the injuries themselves are similar.
If your case goes to trial, the extent of your compensation can depend on how sympathetic the jury is to your situation. Of course, your lawyer also has an important role to play here. During jury selection, a good plaintiff attorney will do their best to pick individuals who are likely to see things from their client’s point of view. You should note that this won’t be an issue in the majority of cases, though, as most personal injury cases end in settlement.
Other considerations, like insurance policy limits and the availability of punitive damages, cause additional variation in the size of settlements.
A lot of personal injury lawyers adopt the “settlement mill” approach to their clients’ cases. Their reasoning is that the quicker they get cases off their books, the more cases they can take on, and the more money they can make. Of course, the loser in this situation is the client; a lawyer whose only concern is a quick turnover won’t fight for the biggest possible payout for you, and you’ll end up leaving money on the table.
At The Cochran Firm in Philadelphia, we fight for every last penny for every client that comes through our doors, no matter how big or small the case. The defendants we face know that we won’t hesitate to take them to court if we have to, so our negotiations are usually productive from the outset.
If you’ve suffered an injury because of someone else’s negligence, and you’d like to discuss what a good settlement in your case might look like, contact us to schedule a free initial consultation. You can reach us over the phone at 800-969-4400 or fill out our online form.
