Pitfalls to Avoid When Negotiating an Injury Settlement

BusinessLegal

  • Author Susan Slobac
  • Published December 23, 2010
  • Word count 520

Most personal injury cases tend to be resolved before the case is brought before a civil jury. Most times, all parties are interested in reaching an agreement before going to court. This tendency is due to the fact that trials are much more expensive than out-of-court settlements; it can take a lot of time, sometimes years, until a verdict is reached. Therefore, settlement negotiations between the victim of a tort and the defendant are frequent.

For example, let’s say a driver from Denver is hurt in an accident caused by a negligent driver. In order to achieve a favorable outcome from an injury settlement, it is recommended that the victim work with an accident lawyer in Denver. Let’s examine some of the pitfalls that need to be avoided when negotiating the injury settlement.

Not requesting medical assistance

The victim needs to request the assistance of medical personnel as soon as possible, even if the injury is not major. When plaintiffs fail to do so, the claim adjuster or the defense lawyer will use this against the victim and suggest that the injury was insignificant.

Representing yourself

Unless you are a legal professional or you are absolutely sure you are capable of handling the negotiation, representing yourself is a bad idea. In our case, the victim should contact an accident lawyer in Denver.

Choose the wrong lawyer

It is best to hire a competent Denver accident lawyer who specializes in the type of injuries you received. For example, a divorce attorney would not be a good choice, even if he is your sister’s husband.

Communicate with the insurance company with no legal advice

When the person who seeks to receive compensation for an injury is less informed, they often inadvertently tell the insurance adjuster things that are used against them. Victims should allow their Denver accident lawyer to handle most communications and be present at all times when communicating with an insurance company.

Hide information from your lawyer

The victim from our example needs to tell absolutely all of the details of the accident and of the ensuing events to the Denver accident lawyer that he or she has hired. Only by being honest with the counselor can a victim be sure that he or she will receive the best legal advice.

Letting the guard down with the insurance company

Even if the claim adjuster may seem friendly and concerned about the victim’s problem, remember that you are dealing with a professional who likely only pursues the interests of their company.

Refuse to cooperate and accept mediation

Victims should follow the advice of his or her Denver accident lawyer and accept mediation and settlement offers if these offers are reasonable. It is important to have realistic expectations and to rely on the experience and knowledge of your legal counsel. Keep in mind that you will not necessarily receive more compensation if you take the case to court.

Lying about your injuries and their effects

Lying about or exaggerating the extent of injuries can be easily uncovered, and when this happens the plaintiff’s case is greatly jeopardized.

Susan Slobac is a consultant in the Denver accident lawyer industry. Susan writes about trends in Denver accident lawyer.

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