What Should You Do If You Are Pushed To Settle Your Personal Injury Case

When you have been injured due to someone's negligence or wrongful actions, you may want to see the case go to trial for three good reasons. You need to remember that this involves your injury, your life and your well-being. It's your case.

You Want Justice and To 'Make It Right'

Even if the offer is generous, you may not like certain stipulations in the agreement that you could be asked to sign. If there is a strict confidentiality clause, this could indicate that the defendant would rather pay settlements as they come up than fix the problem. The defendant could be a wealthy individual or company that is getting away with egregious behavior, and you are hoping that your lawsuit could change things.

The truth is that confidentiality agreements also make it harder for other lawyers to know what cases like yours are worth, and many personal injury lawyers are against them. You should discuss this aspect with your lawyer if you have one. It may be that he/she does agree with you, but did not know your true feeling and assumed you would be happy to get the settlement quickly without the stress of a trial.

The Settlement Won't Cover Your Future Needs

After doing some research on the extent of continuing medical treatment needed, therapy, time off of work, and disability, you realize the amount offered will not begin to cover your expenses in the long run. If this is the case, you should not settle. Instead you will need to do everything you can to make sure you have a winning case. This includes gathering up evidence, necessary paperwork, getting regular medical attention, and more.

If you do not have an experienced personal injury attorney, you should get one. Insurance companies can try to take advantage of you, but an experienced litigator knows the true worth of your case.

Your Attorney Feels That a Trial Is Risky

You should talk with your attorney about the merits of your case. It may be that your lawyer believes, based on his/her expertise, that you do not have a good chance of getting or winning a better settlement and can give you specific reasons why. Hearing the facts can make you feel better about accepting the settlement offered. Your attorney may also have suggestions on what you can do to help build a better case.

For each of these reasons, you can see that good communication with your attorney is a must. This is worth repeating: it is your case. You should be reasonable, but also willing to fight for what you need to get on with your life. You will also want to walk away feeling satisfied that you did all you could to make the world a safer place for others, if possible.


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