Personal injury law has many facets. Lawyers who study it know all about them. However, if you are the plaintiff or defendant in one of the cases, you likely won’t know much about the factors that can impact a settlement offer.
We will talk about settlement offers in detail in the following article. You should know all about them and what impacts them if you are bringing a lawsuit against someone or you’re defending yourself from someone who’s suing you.
Your Lawyer’s Fee
You must pay the lawyer you hire if you’re suing someone for personal injury. Lawyers usually get 25%-40% for contingency cases. You must talk to your attorney when you hire them. They will tell you during the initial conversation how much they charge.
If you accept the amount they quote you, then you can move forward. If you feel like that particular lawyer charges too much, you can always look for someone else.
However, keep in mind that if you can locate an attorney who won’t take as much of your settlement, assuming you get one, then maybe they don’t have an excellent industry reputation. Make sure to check out your lawyer’s credentials and online reviews before you move forward with them.
Hiring a lawyer who will only take 25% of your settlement might appeal more than hiring one who will take 40%. However, if the cheaper lawyer doesn’t have the same sterling reputation, you might want to go with the more expensive one.
How Much Documentation You Have
Let’s envision a scenario for a moment where you’re suing a person or entity. Maybe a doctor harmed you, and you’re suing them for medical malpractice. Perhaps a dog bit you, and you’re suing the owner. Maybe you’re bringing a personal injury lawsuit against a company because of a product that harmed you or because you slipped and fell while in a store.
No matter the exact circumstances, you can often get a higher settlement offer if you have a good deal of documentation that backs up what you’re asserting. That documentation might include a police report if another driver hit your car. You might also have medical records that document your physical condition following an accident.
The more documentation you have that makes your story irrefutable, the more likely the defendant’s lawyer will tell them to settle before the case ever goes to trial. If you have ironclad evidence in document form, you can rest assured you’ll get a higher offer than you otherwise would.
Whether You Have Any Eyewitnesses
You can also feel secure that you will get a solid settlement offer if you can produce eyewitnesses who saw what happened. In car wreck cases, dog bite lawsuits, slip-and-falls, etc., if no one saw what happened, that’s a point in the defendant’s favor. Their lawyer might tell them they can give you a lowball settlement offer, or maybe they will fight the lawsuit and take it to a jury’s decision.
If you have an eyewitness you can put on the stand, though, or multiple eyewitnesses, you will likely win your lawsuit. You must make sure you have credible eyewitnesses, though. Someone who ingested alcohol before they saw the accident that hurt you or who needs corrective lenses but wasn’t wearing them at the time probably won’t help you all that much.
Whether You Have Any Video or Photographic Evidence
You can also factor in additional evidence, such as video or pictures of what happened. If you can’t put a credible witness on the stand on your behalf, and you don’t have any documentation either, maybe you can find some smartphone footage that shows the incident that harmed you. Perhaps you can locate security camera or traffic camera footage.
If you don’t have any of that, you might also use pictures you took at the scene. Several pictures that show an accident happened like you said it did can benefit you. If you slipped and crashed into some shelves in a store, pulling out your cell phone and taking pictures of the scene and your injuries can come into play later. It’s the same with car accidents.
Any situation where you sustain injuries, and you feel another person or entity harmed you, you should try to get pictures or video at the scene. If you didn’t think of that at the time, though, you must use different evidence to help prove your case.
Your Level of Patience
While all of the evidence you can produce, or lack thereof, will certainly make a huge difference in the settlement offer you receive, you must also think about one additional factor. Your patience will probably come into play at some point if the trial drags on for weeks or months.
Usually, a civil trial won’t take that long. However, maybe you’re in a situation with several elements that complicate matters. Perhaps you’re calling witnesses to the stand and presenting various kinds of evidence. Maybe the defendant counters with evidence and eyewitnesses of their own.
The more time passes, the more impatient and frustrated you might become. You may decide that you’ll take a lowball settlement offer just to conclude the proceedings.
You and your attorney can talk about a small settlement offer if the defendant makes one. Maybe your lawyer will tell you that if you stick with it and just hold out a little longer, you can probably get a larger jury verdict in your favor.
Ultimately, though, you must decide whether to take a settlement offer or not. If you just want to get back to your life and you’re okay with taking some money as opposed to none, maybe you’ll accept a small amount, give your lawyer their cut, and consider the matter closed.
If you do this, you might not have enough money to cover all of your medical bills and lost wages, but at least you can resume your life and try to get past what happened.