SHOULD I ACCEPT A PRE-LITIGATION SETTLEMENT OFFER?

Should I Accept A Pre-Litigation Settlement Offer?

When most people hear about a personal injury lawsuit, they might think of a judge, jury, and two attorneys in a courtroom. However, most people hurt in accidents resolve the matter without going to court. This is done with a pre-litigation settlement where the insurance company and injured party agree so a trial is unnecessary. If you need help deciding if you should accept a pre-litigation settlement offer, our Schaumburg personal injury attorney at I Am Calling My Lawyer can help.

Pre-Litigation Settlement Overview

A settlement occurs when the plaintiff and defendant agree to resolve the claim without going to court. This benefits the injured party because the liable party agrees to pay damages without the expense and hassle of going to trial. Taking a pre-litigation settlement also allows the injured person to receive compensation sooner for their injuries and damages. For the plaintiff, the benefit is avoiding the expense of a trial and the possibility of a jury awarding the injured party more than the settlement.

Should You Take A Settlement?

As with most things, it depends. You and your attorney should discuss any settlement offer you receive. Your attorney is your legal advocate and can usually advise if you have received a fair offer. They also can recommend if you could do better by going to court. Some signs that you may want to try to get a better settlement are:

You Have Serious Injuries

If you have serious injuries that require a hospital stay, surgery, and months of recovery, consider getting a better settlement. Most insurance companies initially offer a low settlement to see if you ‘bite.’ However, when the injuries are more serious, you probably need more money for medical bills, lost earnings, and pain and suffering.

However, if your injuries are relatively minor and healed after a few weeks, you may consider taking the pre-litigation settlement offer. Then, considering your injuries and bills, your lawyer can tell you if the offer is fair.

You Are Not At Maximum Medical Improvement (MMI)

You should only accept a settlement offer once you have reached MMI. Only your doctor can make that decision. Once the doctor says you are at MMI, nothing more medically can be done.

Until you are at this time in your recovery, you do not know if you will have more problems. However, once you are at MMI, you can consider accepting a settlement because your condition will not improve.

The Insurance Company Has Made Several Settlement Offers

It is generally understood that injured parties should reject the initial settlement offer. But it may be time to take the deal after the insurance company has made several offers and says it will make no more. Keep in mind if the case goes to court, the jury could decide against you, then you do not get a dime.

Contact Our Schaumburg Personal Injury Attorney Today

Were you injured in an accident in Schaumburg caused by someone’s negligence? You may consider accepting a pre-litigation settlement offer, whether it was an auto accident, slip and fall, or something else. Whether you should do so depends on many factors. Our Schaumburg personal injury attorney at I Am Calling My Lawyer can help you make this critical decision. Contact our Schaumburg personal injury attorney today at (888) 841-4878 for assistance.

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