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If you have slipped and fallen, the property owner will often try to settle out of court. A settlement offer may be presented as a lump sum, or as a structured settlement with several payments spread out over time. Settlements can range anywhere from a few hundred dollars to half a million or even more. If you have fallen on a company's property, they may base their settlement offer on whether they believe they will win if the case goes to trial. The amount offered will usually be much lower than the amount that could potentially be awarded by the jury. Still, there is no guarantee that you will win the court case, or that your awarded damages will be more than the pre-trial settlement offer. Many injured plaintiffs who have medical bills to pay end up taking the settlement offer because it is a guaranteed amount.
Before a settlement offer is made, there is no way to determine how much may be offered. Because the specifics of each case vary, so too do the settlement offers. Variables that can affect the amount offered include the severity of the injuries and how the property owner believes the court case will go. A skilled lawyer with experience handling cases similar to yours can help you determine what to expect. Because each case is complex, it takes a skilled personal injury attorney to determine whether a settlement offer is fair. Often, the property owner or the insurance owner will offer the least amount that they think you'll accept. Unless you have a lawyer advising you otherwise, you may jump on the first offer made, without considering the consequences.
Once you accept a settlement offer, the case is typically over. Accepting a settlement offer means agreeing not to sue, but it is not an admission of guilt on the part of the property owner. Whether or not you should accept a settlement before the trial should be carefully weighed against your personal situation and discussed with your personal injury lawyer. An injury attorney who specializes in such cases can help you determine whether the amount offered is fair.
Although you might think that you don't need an attorney unless the case makes it to trial, an injury lawyer will also represent you during the settlement negotiations, getting you the highest possible amount. In many cases, the very fact that you have a lawyer will increase the amount offered, because the other party knows that you will have someone fighting your side if the case goes to court.
Because personal injury lawyers typically get paid out of the settlement, your injury attorney is likely to negotiate very hard to get you the largest possible settlement offer. It is in your attorney's best interest to get the highest possible settlement amount, since it will increase the amount they'll make off your case. While you may feel that it's not fair to pay your injury lawyer's fees as a percentage of your settlement, remember that without your lawyer's help, your settlement offer would likely have been much lower.
Colin Daives writes general information articles about a number of legal topics that range from personal injury and civil rights to criminal law and DUI cases. Each state has different laws and every case is unique. His articles are not meant to be legal advice. To learn more or for assistance with your case in the state of Colorado, contact a Denver DUI lawyer or a Denver car accident attorney today.
Source: Reaching a Settlement in Your Personal Injury Lawsuit
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