Q & A: Settling Your Personal Injury Claim

Phone calls from insurance companies and legal teams representing negligent parties may start up just days after you have been injured as a result of a motor vehicle accident, medication error or physician mistake, or even from a business where you slipped and fell. These representatives will be anxious to hear your story and settle your personal injury claim as soon as possible, as well as have you accept an offer that may sound easy and assist with any problems you have.

Although, the truth is it is unlikely their offer will allow you to go back to your regular day-to-day activities like attending work and help deal with pain or suffering and ongoing medical bills from an accident caused by someone else’s poor choice or negligent action. If this is the case for your situation, you may benefit from speaking with an experienced personal injury attorney before agreeing to receive any compensation to help with your medical treatment and recovery. In this situation, these questions and answers may help navigate you in requesting the right type of legal guidance.

  1. Do I really need a lawyer to make my claim?

If you have a serious injury that is impacting the way you live you should contact a personal injury lawyer to assist you with your case. If you are unable to figure out who is at fault for your injury or the insurance company is telling you that you do not need an attorney, it is also a good idea to hire one. An experienced lawyer can review your case, collect evidence, medical bills, loss of income, and the circumstances of your injury, determine who is at fault, and help you to decide whether to pursue legal action in hopes to reach a settlement agreement. Attorneys can counsel you on the next steps in what can turn out to be a difficult, expensive, and time-consuming legal process of seeking a settlement. Allow a professional to handle the work so you can focus on healing and getting on with your life.

  1. What is a fair personal injury settlement?

Once your case is reviewed, a personal injury settlement agreement may be reached between both parties in a civil lawsuit. It may start with you being offered a settlement amount in attempt to keep the case from going to trial. It will be up to you, with the counsel of your attorney, to accept or reject this amount. This can be a difficult and personal decision to make but can often be made easier with the knowledge and negotiation experience of an attorney to guide you.

If you have agreed to the personal injury settlement offer, it will then need to be confirmed. A RELEASE letter to the adjuster will be drafted. It will detail the amount agreed upon for the claim, the damages it covers, and the time it will take for the insurance company to send the necessary documents. Having a written record prevents the adjuster from going back on his or her word.

  1. Will I have to go to court?

The majority of lawsuits are settled before they get to trial. You may have to go to court and seek a trial and jury verdict if your case doesn’t settle or if you decide to reject the initial offer, a settlement conference will be held to push for more money or pursue a trial in the hopes that the court will award more in damages than the initial settlement offer.

Before accepting a personal injury settlement from an insurance company, seek help from an experienced attorney to review your personal injury claim and negotiate your best options for the compensation you need and deserve.

Working with Wagner Reese Lawyers

Stephen Wagner and Jason Reese can handle your personal injury or motor vehicle accident case with years of experience and proven results. Call the law firm of Wagner Reese today at (888) 204-8440 for your FREE consultation. You can also contact us by completing our online form and one of our attorneys will review your information and respond promptly.