The majority of personal injury claims are resolved through settlement. But how do you know when to accept a settlement offer? While it’s a bit more straightforward to determine an appropriate amount of compensation to cover medical expenses and wages, things get more complex when you’re trying to put a monetary value on loss and suffering
For many claimants, an appropriate settlement offer is a matter of opinion. In some cases, they rightfully believe their claim is worth more than is being offered and, other times, they believe it’s worth more than it actually is.
What Is An Appropriate Settlement?
It’s easy to get confused about what an appropriate settlement is when for most people, the only other cases they can compare theirs to are large settlements or court verdicts they hear about in the news. Not understanding what a realistic settlement is risks accepting an offer that is too low or bringing a case to court unnecessarily and getting caught up in the very expensive litigation process.
The truth is that it is quite difficult to know what an appropriate settlement is. There is no set figure or range of figures you can expect. It all depends on the specific circumstances of the case, which must be thoroughly examined by experienced compensation lawyers and other experts.
When Not to Accept a Settlement
It’s very important to remember that once a settlement has occurred, there is no way of going back on it unless there is a legal argument – for instance, something being fundamentally wrong with the information the settlement was based upon. As a result, claimants should take the settlement process very seriously, and that means not rushing to accept a seemingly sensible and attractive offer.
There are a number of situations where you should definitely not settle your claim. The first and hopefully most obvious is prior to hiring an experienced personal injury lawyer. It’s essential that you get legal advice from someone who has specific expertise in personal injury claims to maximise the amount of compensation you receive.
Ensure the Medical Impact of the Injury Is Fully Assessed
You should also avoid settling your claim if you think you may have future medical problems arising from your injury. If you are still receiving treatment for your injuries and settle your claim, you may not be compensated for any ongoing treatment expenses.
It’s also important to determine whether you will suffer from any permanent impairment, which may entitle you to additional compensation. The level of your permanent impairment needs to be assessed by a medical specialist who will then prepare a report for the court.
Hiring a Personal Injury Lawyer
An experienced personal injury lawyer will ensure you are not taken advantage of during settlement negotiations. They will investigate claims, collect evidence and advocate on your behalf to remove the stress from the process and make sure you get the settlement you deserve.
If you need legal support for a personal injury settlement in Queensland, speak to the experienced team at Brisbane Injury Lawyers. We offer a “no win, no fee” service. Call today on (07) 3171 9313 or contact us online for an assessment of your claim.