Personal Injury Attorney

What is a Good Settlement Offer

Written by Scott J. Mowery

In this article, we will discuss what constitutes a What is a Good Settlement Offer . What does it mean to settle a claim? When can someone say they are settling a claim? What is considered too low of an offer, and what is the difference between an unfair settlement and a good settlement offer, you might ask.

What is Settling in General?

To “settle” means to resolve or end; it could also be defined as something coming to rest after being in motion. In the legal sense, it means to resolve a dispute or a lawsuit. In the insurance industry, settling a claim usually means paying a claimant for his/her losses through an insurance company, and that is why we are talking about good settlement offers in this article.

There are many different scenarios in which companies settle claims with claimants; one of those being when the claimant’s attorney attempts to reach out to the insured’s insurance carrier and ends up offering an amount lower than what the insured could have received if he/she had no personal injury attorney. In other cases, it could be the case that an insurance company refuses to pay a claimant’s medical bills (although in most cases, this is not true as it usually requires professional nonpaid medical care), or it could be when someone has a claim but accepts an offer made by his/her personal injury attorney and then accepts the settlement offered by the insurance carrier.

What is a Good Settlement Offer?

“Good” meaning fair and reasonable. A good settlement offer is one that is fair to both parties and recognized by the majority of the people as a fair and reasonable offer. There are different standards for different situations and risk pools, but ultimately, a good settlement offer is one where about half of the people involved could say they were not disappointed with the result of their negotiations.

What constitutes a good settlement offer?

It all depends on the type of accident/injury/medical misdiagnosis in question. There are some general guidelines that should be followed in order to receive a good settlement offer, though.

1) What is being settled?

This is the first thing to consider. If it is a minor accident, a good settlement offer can be made regardless of whether the claimant’s injuries were diagnosed or not. In this case, the insurer would probably not require proof that an injury actually occurred before making an offer since it would be impossible to prove there was no injury. It is a good idea to consult with an attorney in this case, though.

2) How much does the claim cost?

It is important to consider how much time, effort and resources will go into litigating a claim. A good settlement offer should provide a fair amount of compensation based on the facts of the case as long as it is reasonable and within legal limits.

3) What is being offered?

A good settlement offer should represent the value of the claim and include payment for all losses and damages. It should also take into consideration any expenses that have taken place or are expected to take place in the future.

4) Is a settlement an option?

A good settlement offer should only be made if the insurer has no other options. Usually, these situations involve insurance policies that have already been paid out; in these cases, it is not required by law for the insurer to pay out the claim again if there are no other options.

5) Is a claim worth pursuing?

A personal injury attorney must determine whether fighting for this particular claim is worth his/her efforts and time. A good settlement offer should be one that an attorney can realistically obtain or a case that he/she is willing to take on; for this reason, it is important to have a good attorney to help with the negotiations.

6) Does the settlement offer include interest?

A good settlement offer must include interest. Interest accumulates throughout the duration of a lawsuit and applies after the suit has been decided. In general, an interest rate should be set by the court on the date of settlement that applies over and above a typical bank rate.

7) How is compensation determined?

Compensation should be based on what is fair. In the state of New York, for example, a claimant may receive one-third of his/her medical expenses if he/she settles out of court. Other states may use other percentages.

8) Is compensation easily obtainable?

A good settlement offer will be easier to obtain if it is based on a well-defined and easily understood formula. For example, doctors usually have tools that can be used to assign a value to a particular injury and use the cost of inflation that year. In New York, for example, the maximum amount you can receive is $300,000. This amount has been established by law since 1976 and is set by statute. Keep in mind that the maximum amount you can receive also depends on your medical bills and injuries.

In the end, a good settlement is ultimately based on what makes both parties feel as if they’ve gotten a fair deal. A good personal injury attorney will help both parties come to an agreement that is fair and reasonable in their best interests. He/she will also do his/her best to get the person involved the compensation he/she deserves.

Should You Work with a Personal Injury Attorney for a Settlement Offer?

We highly recommend hiring a personal injury attorney for the processes and procedures. Although you can carry out all the operations and transactions on your own, working with a professional will definitely help. A personal injury attorney can increase the amount of payout you can get in the settlement offer.

About the author

Scott J. Mowery

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