Securing Fair Compensation for Our Clients
The majority of personal injury lawsuits settle prior or during trial. Many do not make it to trial at all. They may be resolved without the need for a judge and jury to reach a verdict if the involved parties reach a negotiated settlement. A settlement, in the realm of personal injury law, may be defined as an agreement reached after a discussion or some form of negotiation. It is usually an amount of money paid by the defendant (the party that allegedly caused harm) to the plaintiff (the injured party or representative thereof).
The terms and amount of a settlement may vary considerably based on a number of factors.
- The specific circumstances surrounding the case and the financial means and insurance coverage of the at-fault party will often dictate how much can be paid to the plaintiff.
- The severity of the victim's injuries will be the key factor to consider.
- If the victim's injuries are serious or life-threatening, the financial cost of such injuries may be significant.
- The victim may have been taken from the scene in an ambulance and hospitalized.
- Surgeries, diagnostic exams, MRIs, CT-scans and any of a number of expensive tests and care may have been administered.
- The victim may have had to miss a good deal of work while recovering or may be unable to return to work at all, if disabled.
- The cost of medical supplies, prosthetic devices, medication, physical therapy and even transportation to and from doctor appointments should be considered.
- Any ongoing medical care should also be taken into account.
That is just the tip of the iceberg, so to speak, when it comes to determining what a fair settlement would be. As personal injury lawyers, we at Napoli Shkolnik, PLLC consider any and all damages caused by an injury. This includes current financial, emotional and medical damages as well as future expenses, pain and suffering and medical care.
Dealing with an Insurance Company Settlement offer
At times, clients seek our help after they have already been offered settlements by the insurance companies responsible for paying their claims. The settlement offer may seem reasonable at first glance, or the insurance provider may attempt to play hard ball by stating that is the only offer they will make. It is easy to feel intimidated in these situations, particularly when already experiencing physical pain and psychological trauma often associated with serious injuries. Our job is to step in and ensure that this offer is fair. If the insurance company has not made an offer or if no lawsuit has been filed against the at-fault party, we can determine how to take the right step toward seeking financial compensation.
To determine what a fair settlement offer would be, our lawyers utilize the services of private investigators, support staff at our law office, medical professionals, economists, psychologists and any other qualified professionals. We investigate every detail and build evidence that supports our client's claim. We show the at-fault party and insurance provider that we mean business. At times, involving a well-known firm such as ours can be enough to secure a more reasonable settlement offer. In other situations, we may need to negotiate to reach the right amount. If the other party simply will not cooperate, we will not hesitate to take the case to trial if this is in the client's best interests.
Every case is different, and it is impossible to say what a particular case may be worth without conducting a thorough investigation into the matter. That said, you may be able to get a better idea by thinking about medical expenses, lost earnings, emotional damages and any future medical care or lost wages that you may experience. Working with an attorney will grant you the best opportunity at determining what do to and whether a settlement is just.