Settlement vs Trial in Personal Injury Claims
What to Expect?
The handling of a personal injury claims is an expensive process. This is true even when a case settles. Trials increase the expense dramatically. Therefore, a case must be economically feasible before trial is a consideration.
Before you and your attorney can make the determination whether settlement or trial is in your best interest several steps must be taken. Your attorney should have obtained a copy of the police report, photographs of all vehicles and of the accident scene, statements from all witnesses, copies of all treatment records from injuries caused by the accident, copies of records prior to your accident for a period of 3 years and determined the amount of insurance coverage available.
Once all information has been gathered and treatment has reached a point where you have reached maximum medical improvement, one can determine what your future medical care needs will be and what your future loss of income or earning capacity will be.
A meeting should then be scheduled with you and your attorney to review the amount of insurance available to compensate you for your injuries and damages, the amount of your past medical expenses, the amount of your past wage loss, whether or not you suffered scarring as a result of the accident, the need for and cost of future medical care, the amount of future lost wages or earning capacity, whether or not you will need to be retrained to return to the workforce (a vocational assessment) and economic feasibility of trial v. settlement.
Your attorney will prepare a settlement brochure for the insurance company or companies following this meeting which will offer to settle your case for an amount you have authorized. The settlement brochure will include photographs of the vehicles, all medical records and statements, the vocational assessment, the amount of outstanding medical bills and of past lost wages, the amount of future medical expenses and future wage loss or earning capacity. The settlement brochure will give the insurance company a reasonable time to accept, reject or make a counteroffer to your settlement offer.
Once the insurance company or companies respond to this settlement offer is the first time that a decision can be made regarding trial v. settlement.
At the law offices of J Stanford Morse,P.A., Mr. Morse meets with each client to help them make the decision regarding trial v. settlement. It must be economically feasible.
J Stanford Morse P.A. is a law firm that works with its clients to assure that they make the correct decision regarding settlement v. trial. Call Mr. Morse at 727-347-7737. Contact us Today!