Posted on: 7 June 2017
Uon filing a personal injury case, you'll usually find yourself wrapped up in a long negotiation process with the other parties involved. In most cases, your attorney will recommend that you at least consider settling with the other parties, as taking your case to court can be expensive. In addition, you might not end up with the results you want. Only approximately 4% to 5% of personal injury cases in the U.S. go to trial. There's a good chance that you might receive a low settlement offer even after sending a demand letter. If you've received a low settlement offer, here are 3 things that you should do afterwards.
Draft Up Several Questions Regarding How Your Case Was Evaluated
The reason that you are receiving a low settlement offer is because the other parties involved do not believe that you deserve the amount that you requested. This could be due to a variety of different reasons. For one, the other parties might not have all of the evidences and information needed to make an informed decision. They may believe that your injuries are less severe than what you've claimed. Upon receiving a low settlement offer, your attorney will want to sit down with you to determine whether both of you have any questions in regards to the settlement that has been offered. For example, you might want to figure out how the compensation for medical expenses was calculated.
After drafting up several questions, your attorney will send a letter to the opposing parties involved with these questions. You should then wait for a response letter for further clarification. It's a good idea to know where the other parties are coming from before making your next move.
Collect Further Evidence to Support Your Case
Your demand letter most likely has already included the date of the offence, and some information in regards to the type of injuries that you've sustained as a result of the accident. If you believe that the settlement offer is too low, it is up to you and your attorney to determine how you can strengthen your case. You might need to collect further evidence that can prove that the severity and extent of your injuries. You might also want to hire an expert witness who can testify on your behalf in order to further validate your claims.
The supporting documents that you've collected should be sent to the opposing parties involved. This gives them better insight as to where you're coming from, and can encourage them to see your point of view.
Sit Down and Calmly Review Your Case to Determine a Reasonable Amount to Counter With
It's easy for emotions to run high when you receive a lot settlement offer. You might think that the offer is insulting or you might feel distraught that the settlement offer is far from what you expected. Regardless of how you might be feeling, the important thing is to sit down and have a discussion with your personal injury attorney. Ask to review the specifics of the case with them once again. Compare the specifics of your case with past cases to determine whether your demand is reasonable.
Discuss how much the accident has cost you, and come up with a reasonable amount to counter with. You should at least try to negotiate several times with the opposing parties involved before you insist on taking the case to trial.
It's not unusual to receive a low settlement offer. The opposing parties involved might be trying to lowball your offer. It's vital that you fully understand and know how much your case is worth. Your personal injury attorney can advise you as to whether the offer you've received is reasonable or not based on the circumstances surrounding your case.Share