Most personal injury cases settle before trial. Therefore, if you’ve been injured, the odds are low that your case will go to court. But, if your case probably won’t go to trial, how will you recover compensation for your injuries? The answer to this question is through negotiations.
To arrive at a favorable settlement in a personal injury lawsuit, your personal injury attorney will negotiate with the other party. Ideally, after negotiating on your behalf, your attorney and the other party will arrive at a figure that fully compensates you for the harm you’ve endured.
In this article, we discuss how negotiation works in a personal injury case.
The Negotiation and Settlement Process
Settlement in a personal injury case requires negotiation. To initiate a settlement, either party to the case may make an offer. The party who receives the settlement offer may then either accept or deny it. Often, a party that receives a settlement offer makes a counteroffer.
In the majority of personal injury cases, negotiations begin with a demand letter from the injured party’s attorney.
A demand letter in a personal injury case often includes the following:
- An overview of the facts of the case
- An overview of the applicable laws in the case
- A description of the injuries suffered by the victim
- A description of the damages caused by the defendant
- A proposed settlement amount
- Copies of proof of the victim’s damages
- Copies of the victim’s medical records
Although many personal injury cases begin with a demand letter, insurance companies sometimes make settlement offers first—particularly when an injury victim isn’t represented by an attorney.
Unfortunately, an initial offer from an insurance company is often far lower than the victim’s actual damages in the case. Therefore, it is advisable to never accept a settlement offer from an insurance company without first consulting an experienced personal injury attorney.
Factors That Impact Personal Injury Settlement Negotiations
Several factors can impact negotiations in a personal injury case, including:
Your injuries: One of the most important factors in the personal injury negotiation process is your injuries. However, if you’ve been injured, you shouldn’t settle your case prior to completing your medical treatment because there is no way for you to know the extent of your damages until you have completed treatment.
Your liability: Another important factor that can impact negotiations is your liability for your injuries. If the insurance company or defendant’s attorney tries to blame you for your injuries, this can affect the value of your claim.
The applicable statute of limitations: The statute of limitations for most Nevada personal injury cases based on negligence is two years. In other words, if you’ve been injured due to another’s negligence, you have two years from the date of the injury to file a lawsuit against the responsible party. If this deadline is nearing, it could impact your ability to negotiate a settlement.
In addition, since some types of cases have shorter deadlines, it’s important to contact an attorney as soon as possible following an injury to avoid missing out on financial compensation.
Other factors: In addition to the above, several other factors can impact negotiations in a personal injury lawsuit. Therefore, if you’ve been injured in an accident, you should seek the assistance of an experienced Las Vegas personal injury attorney immediately.
Damages You May Be Entitled To in a Personal Injury Settlement
The primary purpose of negotiating a settlement in a personal injury case is to obtain damages. There are several types of damages available in personal injury cases. Most personal injury victims in Nevada are entitled to financial compensation for both economic and non-economic damages.
Examples of damages typically available in a personal injury case include:
- Loss of income, including diminished earning capacity, loss of benefits, and future lost wages
- The cost of medical expenses, including bills related to treatment and rehabilitation
- Expenses related to personal care and nursing care
- Pain and suffering damages, including mental anguish, emotional distress, and pain from physical injuries
- Out-of-pocket costs and expenses
- Scarring and disfigurement
- Loss of quality of life
Generally speaking, the more serious your injuries, the more damages you may be entitled to. Permanent disabilities and impairments stemming from an accident can result in even higher damages, including compensation for future lost income and ongoing medical care.
However, to ensure that you receive the maximum compensation for your injuries, you should seek the assistance of an experienced personal injury lawyer.
Contact a Las Vegas Personal Injury Lawyer for Help With Settlement Negotiations
If you’ve been hurt in Nevada, you need the assistance of an experienced lawyer from Battle Born Injury Lawyers. An attorney will evaluate what happened to cause your injuries, gather evidence proving liability, and engage in negotiations on your behalf. Call (702) 570-9000 today to schedule a free consultation.