What to Consider Before Settling a Claim for Your Injuries

January 22, 2024

If you have recently been injured and have sought legal recourse against an insurer or a defendant, you might be under pressure to settle your case quickly. As a rule, insurers will do everything in their power to convince you to settle a claim before it reaches the court.

Accepting a monetary payment in exchange for dropping your action against the insurer or defendant might seem like it’s in your best interests, but injury settlements are complicated. There are instances when you would be given a liability waiver as well which might void future claims. You need to consider several factors before making a final decision to settle your claim.

What to Consider Before Settling a Personal Injury Claim

The following list, while not exhaustive, includes the key actions you need to complete before settling your personal injury claim.

Have You Spoken to Legal Representation?

It is essential to consult someone with legal expertise before settling a personal injury claim. Unfortunately, the law isn’t common sense for most people, and a lawyer can help you understand your case more fully. A lawyer will also help you make better-informed determinations about the following considerations.

Have You Filed a Lawsuit Against the Defendant or Insurer?

While filing a lawsuit isn’t necessary for all personal injury claims, it demonstrates to the defendant that you are willing to go to court and fight for compensation. This can help you in negotiations to achieve the maximum monetary payment possible.

Have You Negotiated with the Defendant or Insurance Adjuster?

Most insurance companies will lowball you on their first settlement offer; they will offer you a sum much lower than they are actually willing to pay. There’s no harm in negotiating for a higher monetary payment, and there might be much to gain — more than you even realize.

Have All of the Medical Bills Resulted from Your Injury Been Paid?

If you’re still racking up medical bills after your injury, you need to make sure that current and future costs will be covered by the insurance company’s settlement offer.

Seeking Legal Aid When Settling an Injury Claim

If you are considering settling a claim for your injuries, it is essential that you contact a reputable personal injury attorney as soon as possible. The Harlan Law Firm specializes in personal injury cases and serves clients throughout the Portland, Oregon, and Vancouver, Washington, metro area.