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A Closer Look At Settlement In An Injury Case


Personal injury law is something that is often very misunderstood by the public, in large part due to the way that the media and movies portray it. But beyond the frivolous lawsuits that get mocked openly, the reality is that for many, filing a personal injury claim is the only clear way to recover financially from an accident that wasn’t their fault.

One aspect of the personal injury field that deserves more attention is that of the out of court settlement. The vast majority of injury cases will end in a settlement if the client seeking compensation is indeed not to blame for the accident, but there are still a lot of misconceptions and misunderstandings related to these things. Taking a closer look at some of the facts related to injury cases is absolutely vital.

  • • The first thing to understand is that settlements are often a tactic used by the other side – especially when you don’t have a trial attorney on your side. For example, they will often stall and postpone going to trial or paying out anything, then at the last minute offer you a small settlement. Those without representation are often lured into accepting the offer just because it’s the only thing that they think they can get.
  • • Settlement amounts are calculated using a wide range of different variables. A fair settlement is one that includes medical expenses, lost wages, and future expenses and lost wages. Usually, experts are asked to weigh in on these variables in courts to come to a fair number.
  • • Upon accepting a settlement, you end up negating your ability to seek compensation in the future. And when you consider that many of these early settlements leave out the factors listed above – things like future lost wages and expenses in particular – it means that accepting an early settlement will usually mean that you’re getting taken advantage of.
  • • Many insurance companies and attorneys will offer settlements for one simple reason – to avoid paying out more. Things like punitive damages or damages for pain and suffering are issued at the discretion of a court or jury, and that can lead to huge expenses for the plaintiff. Because of the unpredictability of these awards, it’s almost always better for the other side to offer a settlement amount.
  • • The point above only really applies, however, when you have a good trial attorney on your side. Without representation, the other side will often use bullying tactics and other means to simply avoid paying you at all. It’s only once they see that you have a professional representing your interests that they begin to work harder on offering you a fair settlement.
  • • If your case doesn’t end in a settlement, the only other option will be to head to trial. This can be very complex, and could end in a huge settlement for you or could end in you having your entire case being tossed out of court. There are so many variables that go into a trial that it’s impossible to list them here, and because of that it’s vital that anyone who faces a personal injury should find a good attorney to represent them.

Contact us today to find out more about your situation and any potential settlement offers you’ve been given. We can help you make sure that you understand what you’re agreeing to and whether or not you deserve more.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

A Closer Look At Settlement In An Injury Case

Goldman Babboni Fernandez
Murphy & Walsh




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