You have a lot on your plate after a serious car accident. Physical pain, emotional turmoil, psychological traumatization and financial devastation can all hit you at once, leaving you on unsteady footing, concerned about the future. A personal injury lawsuit filed against the individual responsible for your wreck might provide a sense of relief, but you have to be on your toes and implement strong legal strategies if you want to ensure that you get the most out of your case.
That then begs the question of what it takes to be successful during settlement negotiations. The key is to know when the time is right to take an agreement and when you’re better off walking away and taking your case to trial. That can be a hard determination to make, though, especially when you’re wrapped up in your efforts to recover your health. That’s why in this post we want to give you a better idea of what should be analyzed when deciding whether a settlement offer is right for you.
How to tell if a car accident settlement is in your best interests
The amount of money offered to you as an initial settlement might be tempting. But before taking it, you should consider the following to see if you can negotiate for more or if you’re in a strong position to win your case at trial:
- Evidence of negligence: Negligence is often contested in these cases, with the defense sometimes arguing that the plaintiff is partially to blame for the accident. But if the evidence is clear that the defendant caused your crash, then you’ll be in a strong position during negotiations.
- Evidence of your damages: You have to know the extent of your damages before you can decide whether a settlement offer is proper. By gathering evidence of your losses, then, you can clearly articulate what you’re claim is worth. This can give you a lot of leverage during settlement talks and provide you with a better gauge to tell when settlement negotiations have failed and you’re better off taking your case forward to trial.
- The credibility of the defense’s witnesses: The defense will probably have several witnesses lined up to testify against you. This might include multiple expert witnesses. Don’t be afraid, though. Instead, vet these witnesses to see if they’re credible. You might be surprised to find out that they’re not, which gives you more room to argue for an outcome that best protects your interests.
- Your willingness to hang tough: Moving forward with a personal injury case takes time and energy. It may also require some financial toughness, especially if your case is drawn out, forcing you to find a way to make ends meet until your case resolves. But if you can hang in there and show the defense that you’re willing to fight for a just outcome, then you might eventually secure resolution that’s fair.
Develop a legal strategy to set yourself on the path to recovery
A personal injury claim is aimed at making you whole again so that you can focus on reclaiming your health and your normal life as much as possible. While that sounds fair, it’s an outcome that’s often hotly contested in these cases. That’s why if you’ve been injured in a wreck and want to secure accountability and compensation, then now is the time to start thinking about your legal strategy and what you can do to position yourself for success. An attorney who is experienced in this area of the law may be able to help you do just that.
