Massachusetts Personal Injury Library
How to Negotiate a Settlement Following a Serious Personal Injury (Part A)
After a serious accident in Massachusetts, many victims choose to file a personal injury lawsuit to help them recover the funds they need to pay their medical bills, make up lost time from work, and other expenses related to their accident.
Though it may come as a surprise, most personal injury lawsuits are settled before a trial even begins. The negotiation process can seen frustrating, but by being prepared and knowing exactly what to ask for, you can greatly increase the chances of a successful outcome.
Determining if Your Settlement Offer is Fair
After a serious accident, the insurance company of the person that caused the accident may offer you a settlement. You should never accept a settlement offer without consulting with an experienced lawyer who can help you determine if that amount is enough to cover all of your accident-related expenses including:
- Your immediate medical bills
- Future medical expenses related to your accident injuries
- Non-economic factors such as pain and suffering, as well as quality of life issues
- Lost wages from missing work
- Your future earning capacity (if your accident injuries affect your career or ability to work)
If the original offer is not satisfactory, your attorney will work with you to determine the amount of compensation you actually require and will make a counter-settlement offer to the insurance company or defendant.
Beginning the Settlement Negotiation Process
If the insurance company or defendant makes a counter-offer that is still too low, you’ll need to consider the larger implications that could affect the outcome of an injury claim, including:
- The defendant’s insurance coverage
- The minimum amount of compensation you are willing to accept for your injuries
- The financial resources of the defendant
- How much of your compensation will go to attorney fees
- How the amount of your settlement will affect your income taxes
- Your ultimate goal in filing a personal injury lawsuit
You and your Boston injury lawyer will discuss these issues in relation to your specific accident case to determine whether you should continue negotiating a settlement or prepare your personal injury claim for court.
Continue to How to Negotiate a Settlement Following a Serious Personal Injury (Part B)
