To determine whether you should accept a personal injury settlement or file a lawsuit, it is best to first understand the litigation process.
First, when it comes to most personal injury cases, your personal injury attorney will probably not be negotiating directly with the person responsible for your accident. Rather, he or she will probably be communicating with an insurance company representative or a defense lawyer.
This is because when it comes to auto accidents, slip-and-fall cases and other common types of personal injury cases, those who may be at fault for the injury have insurance coverage. In such situations, it is usually the insurance company that is obligated to pay for the injuries.
The first step your attorney will take in a personal injury case is to send a demand letter to the opposing party. The letter will outline your case. This outline will include a description of your injuries, details about the accident, and why you and your attorney believe it is the fault of the insured. It will then list a settlement amount.
The opposing party will then usually respond with a counteroffer. This personal injury settlement offer will be lower than the initial amount. These negotiations will continue until there is an agreed-upon settlement amount. If there is no agreed-upon settlement amount, then you and your attorney may file a formal lawsuit against the party you believe to be responsible for paying for the injury. #garberlegal - 2 minutes ago