Why You Should Prepare for Trial to Get A Higher Settlement
Dealing with a personal injury case on your own is frustrating and complicated, and simply settling your case may seem like the most reasonable approach in the aftermath. However, taking the right steps to prepare for a trial may prove significantly more beneficial and earn you a higher settlement. Maximizing your settlement is an essential step toward recovery, and our experienced and professional legal team is prepared to attain for you the compensation you deserve.
Shared below are reasons to consider preparing for trial in an injury case you might otherwise intend to settle, and ways in which you can work with your personal injury attorney to stand strong and earn yourself that higher settlement.
An insurance company only wants to avoid possible liability: If you’re having conversations with an insurance adjuster, they may lead you to believe that they are genuinely concerned about your well-being, but make no mistake—they are only looking out for their bottom line. It is likely the defense has experienced similar cases and is used to maintaining control and settling quickly without any kind of fight when they are dealing with an unrepresented party. If they question your willingness or fortitude to take the case to trial, if necessary, they will try to exploit this as a weakness.
However, you can use their intention to avoid a more costly outcome should you win the trial to your advantage. When you are in the process of negotiation, it is crucial to convince the defense that it is in their best interest to settle the case for the amount of your demand. The only reason they would be interested in settling your claim, rather than denying it, is to avoid a greater risk of liability at trial. To mitigate their risk, it may be beneficial to agree to your settlement demand instead of facing a potentially more expensive verdict in a trial.
Don’t Let Their Lawyers Intimidate You
Preparing for a trial tells the defense that you are prepared and not intimidated: So, how can you convince the defense that it is in their best interest to settle your claim? By presenting the same compelling evidence that would enable you to win your case at trial. By rejecting an undervalued settlement offer, you are proving to them that you are serious, have the evidence and documentation you need to win, and are willing to make the commitment to earn what you deserve.
The discovery phase is a significant part of the settlement negotiation or litigation process: Prior to trial is the discovery phase of the litigation process, which is your opportunity to build your case through documentation, interviews, and deposing witnesses. Without taking the time to collect this important evidence, you may feel pressure to settle quickly in part because you have not yet compiled necessary documentation to counter the defense’s settlement offer. Throughout the discovery phase, you and your attorney may ensure all records are in order, including your own statements about the injury and the incident, medical documentation, and all other records pertaining to your case.
During discovery, you have the opportunity to cross-examine the defense’s witnesses. Here, you may determine their case’s potential weaknesses, which you can prepare to use while in negotiation. The defense may have a report from a medical expert that your attorney is able to weaken the credibility of by conducting a deposition of that expert.
The discovery phase is your chance to strengthen your case through records, interviews, and witness depositions. Your attorney will work with you to gather whatever documentation and evidence may be pertinent to your case, so you are prepared to face your opponent.
A medical causation opinion may be paramount to your case: A strong case against the defense will often involve a report from a medical expert detailing their opinion, within a reasonable degree of medical certainty, as to the cause, nature, and extent of your injuries. The doctor will typically review your medical history and records and may also conduct a physical exam.
In addition to proving your case as plaintiff in the matter, having this medical causation opinion will also counter the defense’s own provide medical opinion. Whatever they bring to the table, you want a consistent upper hand, and having your own medical expert opinion of causation can place you on top.
Be prepared to face your opponent with the advice and counsel of an experienced personal injury attorney: Beyond the knowledge and skill that a personal injury attorney will bring to your case, a lawyer experienced in personal injury lawyers will be able to call the bluff on insurance companies and their legal teams, and let the other side know that you are unafraid to pursue the compensation you deserve.
Settling might seem like the easy way out, but your attorney can guide you through the negotiation process and prepare a strong case for you, even if a settlement is your goal.
Contact Silverthorne Attorneys
Before settling, ask yourself if you are making this decision out of fear or expectation that settling is your only choice in the matter. Preparing for trial will demonstrate to the defense that you are willing to fight for what you deserve, and it is possible to convince them that a settlement is in their best interest to avoid the risk of even greater exposure to liability at trial.
The Silverthorne Attorneys team is committed to earning you a higher settlement and will work to combat the intimidation of the legal defense team standing before you. We will confront them on your behalf with strength and determination.
If you or someone you know has been injured, please contact the Silverthorne Attorneys personal injury lawyers. We will examine your case and work with you to maximize your settlement. Managing settlements and negotiations after an accident can be a frustrating and emotional process, and we are here to support you, stand with you, and earn you the compensation you deserve.
For a complimentary consultation of your case, contact us at (949) 234-6034.