Tips for Getting the Best Settlement Offer
Many personal injury cases are settled outside of court. But, while a settlement may save you court costs and legal fees, it is important to only accept a fair settlement. This leads many to wonder what a good settlement offers means, but the answer is, it depends. Working with a lawyer can help you determine what a good settlement offer is. Continue reading to find out how to get a good settlement offer in New Jersey.
Costs to Consider When Pursuing a Personal Injury Case
It is important to consider the many costs that make up a settlement offer. Your damages will be custom to your case, but may include:
- Medical bills
- Emergency transportation fees
- Rehabilitation costs
- Lost wages
- Pain and suffering
- Diminished earning capacity
It is important to consider both the economic and non-economic costs when considering how much your case is worth. Additionally, you want to consider not only how much you have already spent, or how much the injury has already cost you, but also how it is likely to affect you financially, and personally, in the future.
How Liability Factors Into a Settlement Offer
Liability is what most personal injury cases are based on. Was the defendant responsible, or liable, for the plaintiff’s injuries, and how much were they liable? The first goal in a personal injury case is to prove liability.
This is done by proving the following elements:
- Duty of care: The responsible person had a legal duty of care to the plaintiff.
- Breach of duty: The responsible person breached that duty, either intentionally or in most cases, through negligence.
- Causation: The negligent behaviors of the responsible person must have been the cause of the accident.
- Damages: There must also be actual damages that can be compensated through a personal injury case.
The second goal in a personal injury case is to determine how liable the responsible person is for the injuries. You likely would not receive a settlement offer if it had not already been established that the person was liable in some way.
But, it is possible for more than one person to be responsible when an accident occurs. If it is not 100 percent clear that the person was to blame, then you may receive an amount that is less than the total of your damages. For example, if they claim that the plaintiff was also partially to blame, say 20 percent, then you can expect to receive a settlement amount that is 20 percent less than damages.
Why You Need a Personal Injury Lawyer
There are many reasons to consider working with a personal injury lawyer, with navigating a settlement offer being just one of them. An experienced personal injury lawyer is familiar with New Jersey laws and the average value of a personal injury case, which can help you when calculating your total value.
Your lawyer can also help with negotiating or evaluating any settlement offers that you may receive. The other legal side is less likely to take advantage of you and offer you an amount that is not fair when they know that you have someone on your side. Reach out to a personal injury lawyer today to determine if your settlement offer is fair.
Contact a Hudson County Personal Injury Lawyer to Discuss Your Case in New Jersey
Did you or a loved one sustain serious injuries due to a personal injury in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Birkhold & Maider, LLC represent clients injured because of a personal injury in Essex County, Hudson County, Mercer County, Union County, and throughout New Jersey. Call 973-784-8583 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 189 Franklin Avenue, Suite #1, Nutley, NJ 07110, as well as a satellite office in Hamilton, NJ.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.