March 3, 2023

Should I Accept My First Offer of Compensation?

Regardless of the situation you are in, being the victim in a personal injury case or any other case can be frightening. If the other party acknowledges their guilt, they will possibly offer to compensate you, and you might not know whether accepting that offer is the best course of action.

The best thing is that you can hire a personal injury lawyer to do all the talking and negotiating for you. The compensation required in personal injury lawsuits will require the expertise of a personal injury law firm. 

Understanding the basics of personal injury law

If you are a victim of another person’s negligence, you can file a personal injury lawsuit. Personal injury law allows you to recover compensation for your personal losses. Your personal injury lawyer may choose the course of tort law. Tort law essentially helps accident victims to get financial compensation for their sustained injuries and personal losses.

The accident covered by personal injury law are:

  • Car accidents.
  • Construction accidents.
  • Fall accidents.
  • Pedestrian accidents.
  • Medical malpractice

Types of personal injury claim and compensation

You need to know the types of injury compensation to know how much your settlement offer is worth. In some cases, personal injury lawyers pursue maximum compensation. The legal representation you choose will affect your case. Here are the different personal injury claims you can make against the party at fault:

Punitive Damages

In occasions where the intention of the party at fault was in disregard for your safety, the court will decide the punitive damages you will receive. These include punitive damages from a drunk driver or a property owner. However, many personal injury cases do not recover punitive damages.

Wrongful death damages

This is compensation for the medical bills you incurred before the death of a loved one and the lost income. The liable parties pay for the pain and suffering experienced from the death and lost income. Victims should talk to the right lawyer to explain their legal rights in these cases.

The bereaved will receive a fair settlement to cater to the emotional distress they experience after the death.

Economic damages

These are the financial losses you have experienced because of the accident. They include:

  • The medical expenses you experienced as a result of the accident
  • If the injuries sustained are serious, the liable parties pay for future medical bills. An example is a victim with multiple spinal cord injuries. In such a case, fair compensation accounts for future medical bills.
  • Lost wages for the days you were absent from work because of the accident.
  • Property damage expenses you incurred because of the injury

Non-economic Damages

You will receive compensation for other losses that affect the quality of your life. The non-economic damages include:

  • Pain and suffering
  • Emotional distress
  • Disfigurement from the accident
  • loss of companionship

Personal injury lawsuits start when accident victims file complaints against an individual, corporation, or government agency. A personal injury case is solved without any court proceedings when you get a fair settlement offer.

The personal injury claims process

Personal injury attorneys help their clients negotiate with the defense attorneys of the other party. Hire an experienced personal injury attorney to help you win and secure compensation. Your personal injury lawyer will start the claim process by:

Send a demand letter to the other party

The accident report should be the claim and the reasons for the claim. The contact information of the national trial lawyers is in a demand letter to prevent the other party from contacting you.

Gather evidence for your claim

A legal team can be involved in your case.There is always the possibility of your case proceeding to court. You need to have enough evidence to ensure the final settlement is satisfactory. An experienced attorney can also recommend private investigators to do all the investigations for you.

You can use a physical photo taken during a car accident caused by someone’s negligence. You can also take recordings of witness statements. You need to preserve the evidence that you acquired during the accident.

Resolving property damage claim

If you were involved in a car accident, the liable party’s insurance claim would cover the expenditure for fixing the damage incurred.

Your lawyers will help you obtain medical records from medical experts

Your injury lawyer submits a request to medical experts for them to send copies of your medical records. If you sustained serious injuries, X-rays scan or photos of the injuries should help with the claim. The medical records receipts help you get financial recovery from the insurance company.

Ask your corporation to give you documentation of your lost income

Your lawyer requests from your employer your salary and payment information. This documentation will be used in the settlement by an insurance company.

Your lawyer submits a demand for compensation from the insurance company

If an insurance company is involved, they have to pay from the insurance claim. Personal injury lawyers send documentation to the insurance company demanding your compensation.

Go to court

When the settlement offer is unsatisfactory, the personal injury case proceeds to trial. The court decides on the settlement offer.

Should I accept my first compensation?

Insurance companies can make you a very tempting offer at the beginning. However, it is wise for you not to accept any settlement offer too early. You should consult our legal team, and we will guide you through the settlement process.

No matter how tempting the first offer of settlement might be, you are under no obligation to accept it. Actually, the first settlement the insurance company offers you is usually low. For the best guidance and representation, get in touch with our lawyers.

Are you looking for professional personal injury lawyers in Media, Pennsylvania?

Michael Allan Siddons law firm is here for you. We have the best lawyers in Pennsylvania, and you can rest assured that we will fight for you to get the best compensation. Contact us today by calling (610) 255-7500 to schedule an appointment with our professionals.