Of the thousands of civil cases filed in Georgia courts each year, many involve personal injury claims. Of these cases, a great deal end with settlements rather than trials in court. Unfortunately, the settlement process can be challenging, and you may need a lawyer to help you get the best deal possible.
We must start your personal injury case within the time set by the statute of limitations. If we do not, there may be no way to get a settlement, since the opportunity to sue is a big part of your leverage. Before we start settlement negotiations, we must determine the value of your claims. It is often a good idea to open with a high settlement offer, as it is likely to be worked downward as negotiations progress. You may consider accepting a settlement offer if it covers all or at least most of your damages. You should also consider what damages you are willing to concede in a compromise.
Start with a free, private case review from our Georgia personal injury attorneys by calling Rice Law at (470) 287-3070.
When to Begin a Personal Injury Settlement
The aftermath of a bad accident might leave you reeling. You might be hurt, in serious pain, and confronted with various expenses that you cannot afford. You likely have a lot to deal with, but you should make time to contact an attorney for help as soon as possible.
According to the statute of limitations under O.C.G.A. § 9-3-33, we have only 2 years to file your case. In most cases, this limitation period begins on the same day that you are injured, unless special conditions are present.
This also means that we should begin negotiating a settlement as soon as possible. If the statute of limitations closes before we reach a settlement, we may lose all our leverage because we can no longer file a lawsuit at that point, and the defendant does not have to agree to any settlement because we can no longer sue for damages.
Starting as soon as possible is also good because it gives our Georgia personal injury attorneys more time to gather evidence and develop negotiation strategies. Negotiations can be time-consuming and tense. The more evidence we have to support you, the more leverage we have in negotiations.
Determining the Value of Your Personal Injury Settlement
Before we begin settlement negotiations, we must assess your injuries and losses, including both economic and non-economic damages. We must have an accurate understanding of the value of your claims so that we can negotiate a settlement that meets most, if not all, of your needs.
Some damages are more subjective than others. While we should be realistic about what we believe your claims are worth, we should also be prepared to negotiate. You might not be able to get everything covered through a settlement, and we should be ready to decide what to concede, if we have to.
The value of your claims must be backed by evidence. We can claim certain damages, but if we cannot prove them, the defendant is unlikely to agree to pay any compensation for them. We can also use information and data about jury verdicts from similar cases. If the defendant wants to lowball you, we can show that juries typically award greater damages for injuries or losses like yours.
How to Negotiate a Personal Injury Settlement in Georgia
When negotiating a settlement for personal injuries, we must be prepared with an initial offer. The first offer should be higher than we think we can get, as this number will likely decrease as negotiations progress.
Be very wary of accepting the first offer from the defendant. Unless they agree to pay your full range of damages, we will likely reject their first offer. While we should start with a high settlement, the defendant will likely start with a low one. The goal is to meet somewhere in the middle where both parties are satisfied.
You should also be prepared to wait. Negotiations can sometimes take a long time. Plaintiffs and defendants might be unwilling to budge on certain damages, and it might be a while before we reach an agreement.
When to Accept a Personal Injury Settlement
The key to settlement negotiations is knowing when to accept. Each case is unique, and we should have a clear understanding of the best possible settlement and whether it meets your needs.
You should consider accepting a settlement offer if we reach a deal that covers all your immediate needs and expenses. If you are left with significant unpaid damages, you should reconsider accepting the offer.
You might also want to consider accepting a settlement if we are approaching the end of the limitation period, unless you are willing to take the case to court.
Ultimately, you should accept a settlement if you are satisfied with the terms of the agreement. Only you can decide whether the agreement is good or bad. Some people would rather accept whatever settlement they can get and move on, as they want to avoid an expensive legal battle at all costs.
What Happens When Personal Injury Settlements Do Not Work Out
While many personal injury cases are resolved with settlements, this is not always the case. Some parties are unable to agree on a settlement, and the case proceeds to trial.
We should always be prepared to file a formal legal complaint and start a lawsuit if settlement negotiations break down. In fact, in many cases, plaintiffs file lawsuits when they start settlement talks. If the settlement falls through, the lawsuit is already underway. If a settlement I reached, the case may be withdrawn.
If a settlement is not in the cards, it might be a while before you see any financial compensation. Lawsuits are known to be time-consuming, and nothing is guaranteed.
Speak to Our Georgia Personal Injury Attorneys About Your Claims Today
Start with a free, private case review from our Atlanta personal injury attorneys by calling Rice Law at (470) 287-3070.