Protect Your Car Accident Claim: The Dangers of Social Media
Posted in: Car Accidents
KNR Legal Blog
Settling a claim can often provide a quicker, more predictable, and less stressful resolution. While taking your case to court may sometimes be necessary, there are many times when settling is the wiser choice.
Knowing when to settle is critical to receiving fair and full compensation for your injuries. Every case is unique, and understanding your options is essential. At Kisling, Nestico & Redick, our highly experienced Ohio personal injury attorneys have guided countless clients through this decision. We’re here to help you evaluate your options, protect your rights, and secure the maximum compensation you deserve.
A personal injury settlement occurs when the injured party (plaintiff) and the at-fault party (defendant) agree on a compensation amount to resolve the claim without court intervention.
This agreement typically involves the plaintiff forfeiting their right to pursue further legal action in exchange for a negotiated payout. Settling a claim provides several benefits:
An experienced personal injury attorney is typically vital in assessing whether a settlement offer is fair and aligns with your best interests. With lowball offers being the norm in the insurance industry, having a professional look out for your interests is best.
They can evaluate the full extent of your damages, including current and future medical costs, lost wages, pain and suffering, and other losses. With skilled negotiation, attorneys can often secure a settlement that fully addresses your needs while avoiding the stress and uncertainty of going to court.
Deciding whether to settle your personal injury claim or proceed to trial depends on several factors unique to your case. Here are some everyday situations where settling may be the better option:
When the defendant’s liability is undisputed, and the evidence strongly supports your claim, settling can often lead to a fair resolution without the time and expense of a trial.
For instance, if a driver runs a red light and hits your car, and there’s clear evidence, the defendant may admit fault. As a result, their insurance company might offer you a reasonable settlement to cover your medical bills, lost wages, and other damages. In a situation like this, settling could provide a quicker resolution than a stressful lawsuit that would likely yield a similar outcome.
Everyone’s financial situation is unique, and the losses from a serious injury can add up fast, especially if you’re facing steep medical bills or lost income. Settling can provide the funds you need to address these challenges sooner.
Imagine you’re injured as a single parent in a collision with a large commercial truck. Your injuries have left you unable to work and struggling to pay rent. Accepting a reasonable settlement allows them to avoid debt and focus on recovery without waiting months or years for a trial verdict.
Trials are unpredictable, and even a strong case can face setbacks, such as unreliable witnesses or excluded evidence. Settling guarantees a resolution and eliminates the risk of recovering no compensation.
You might anticipate a favorable court verdict if you have compelling medical evidence in a traumatic brain injury case. However, if a key expert witness unexpectedly changes their story, it can severely weaken the case. Rather than risking a reduced or denied verdict, you may settle for an amount that meets your financial needs.
Trials are public records, exposing details about your case and personal life. On the other hand, settlements often remain confidential, protecting your privacy.
You’re well-known in your community and involved in a slip-and-fall accident at a local business. You may value your public image and prefer to keep the case details private. Settling allows you to secure compensation while avoiding public scrutiny.
Litigation in personal injury cases can be lengthy and emotionally draining. Settling often reduces tension, allowing you to move forward more quickly and focus on your recovery.
If you’re recovering from a serious injury and find the thought of attending multiple court hearings overwhelming, you just want to pay your medical bills and move on with life. By settling, you can hopefully prevent the added emotional burden of litigation and prioritize your health and well-being.
Before agreeing to settle a personal injury claim, ensuring that the settlement fully addresses your current and future needs is critical. Here are the key steps to take to protect your financial well-being and secure a fair resolution:
Evaluate all current and potential future expenses, such as medical costs, lost wages, ongoing treatment, and pain and suffering. Settling prematurely could leave you financially vulnerable if unforeseen expenses arise later. Ensure the settlement reflects the full scope of your losses.
Insurance companies routinely offer low-ball settlement agreements to settle injury claims quickly and for less than victims deserve. Essentially, they are banking on you wanting to resolve the matter as soon as possible rather than maximizing what you deserve. An attorney can help evaluate the fair offer and negotiate on your behalf.
A written agreement should outline all settlement details, including payment timelines, confidentiality clauses, and any liability releases. Clear documentation protects you from potential disputes or delays after the settlement is reached.
Consider whether the settlement will cover long-term expenses, like ongoing medical care or reduced earning capacity. For instance, if you suffered a spinal injury but settled quickly in time, you may realize that additional surgeries and physical therapy are needed. But by settling too soon, you could be left financially strained.
By understanding these scenarios and the unique details of your case, you can determine whether settling is right for you. Consulting with an experienced personal injury attorney, like those at Kisling, Nestico & Redick, ensures you make an informed decision that aligns with your goals and financial needs.
While settling is often the best course of action, there are times when going to court or rejecting a settlement offer is the right call. If the settlement offer is unreasonably low or doesn’t cover the full extent of your damages—it may be necessary to pursue litigation to secure the compensation you deserve.
Also, lawsuits can be effective when the defendant disputes liability or if the insurance company refuses to negotiate in good faith. Filing a lawsuit sends a clear message that you are serious about your claim and willing to fight for fair compensation.
At KNR, our experienced trial attorneys know how to build a compelling case and achieve results in court. Even when a case goes to litigation, many claims still settle before reaching trial—but with stronger terms in your favor. If you’re facing a tough decision, KNR’s team can guide you.
A fair settlement should cover all your current and future expenses, including medical bills, lost wages, pain and suffering, and any other losses related to your injury. To determine fairness, consult an experienced personal injury attorney who can evaluate the offer against the actual value of your claim. Insurance companies often start with low offers, so it’s essential to have a legal professional assess whether the amount truly meets your needs.
You can typically return to negotiations even after rejecting a settlement offer, provided your case hasn’t gone to trial or been dismissed. Negotiations are often fluid, and rejecting an offer can sometimes lead to a higher counteroffer. However, it’s crucial to have legal counsel to guide you during this process to ensure you don’t miss deadlines or unintentionally weaken your position.
Once you settle, you typically forfeit the right to pursue further compensation, even if new injuries or complications arise later. This is why it’s critical to fully understand the extent of your injuries before settling. Your attorney can work with medical experts to estimate future treatment costs and ensure the settlement accounts for all potential expenses.
Finalizing a personal injury settlement can take a few weeks to several months, depending on the complexity and the parties’ cooperation. After reaching an agreement, the paperwork must be prepared, signed, and submitted. Payment is usually issued within a few weeks after the final agreement is signed, though delays can occur in more complicated cases.
Settling is often the best option if the defendant has limited insurance coverage, as it ensures you recover some compensation rather than risking a court judgment the defendant cannot pay. However, if the damages far exceed the coverage limits, your attorney can explore other options to maximize your recovery, such as pursuing personal assets or underinsured motorist coverage.
Settlement of a personal injury claim instead of going to trial can save time, money, and stress. However, making the right decision requires careful consideration. At KNR, our experienced attorneys have helped countless clients around Ohio navigate the complexities of personal injury claims, whether through strategic settlement negotiations or pursuing litigation when necessary.
We are committed to protecting your rights and securing the maximum compensation you deserve. Contact us at 1-800-HURT-NOW or a free consultation to discuss your case and explore the best path forward.