Friday, April 12, 2024

Steps Before Negotiating A Personal Injury Settlement Claim


If you sustained injuries in an accident because of someone else’s fault, you have every right to file a personal injury claim. Either you can file a personal injury lawsuit or go for a settlement outside the court. 

 If you go through a trial, there are chances you might get less financial aid, or if you lose the lawsuit, you might not get anything at all. So it is better to make a settlement outside court by negotiating your terms and conditions with the at-fault party. 

Suppose you are making a settlement outside the court. In that case, you will need an experienced louisville injury attorney by your side to ensure you get fair compensation, as the insurance company will try to pay you less than you deserve.

Steps to negotiate a personal injury settlement claim 

Here are some steps you should know before negotiating a personal unjust settlement claim.

  • Evaluate the special damages 

The essential thing is to evaluate all the expenses related to your injuries like medical records, treatments, medications, etc. Moreover, you must also consider the future costs required for healing your wounds. 

In addition, damages and losses like loss of income and ability to work in the future are additional aspects to consider for your claim. Evaluating your expenses will help you understand the amount of compensation you deserve. 

So when the insurance company offers you a compensation amount, you will know whether you deserve more and can file a counteroffer. 

  • Evalaute genral damages 

General damages include other expenses like pain and suffering caused after the accident. They are also known as non-economic losses because they do not have the financial aspect of injuries.

However, if you have faced any general damages after the accident, you can file a claim for it. For example, loss of reputation, humiliation, embarrassment, etc. Moreover, the mental stress and trauma followed by the injuries are also included in general damages. 

Victims often face mental health issues like anxiety, depression, PTSD, etc., after their accident. Some victims can also go through severe emotional distress. 

  • Write a demand letter.

A demand letter is nothing but your settlement offer to the insurance company. The letter must contain all the necessary information about the accident so the insurance company can understand that it was not your fault. 

For example, you must describe the events before, during, and after the accident. Followed by the description of the accident scene and the injuries you produce immediately after the accident. Lastly, your medical record, no income proof, and other essential documents.  

Eric Lilly
the authorEric Lilly