Am I Receiving a Fair Settlement Offer for My Injuries?

You likely are receiving a fair settlement offer for your injuries if the monetary award covers your needs, such as your medical bills, lost income if you missed work, and the pain and suffering you experienced.

If your injury cost you money or made your life more challenging, a settlement should help make things right. You can talk to an Atlanta personal injury lawyer at John Foy & Associates about seeking compensation from the party that harmed you. They can review your situation, tell you your legal options, and pursue the negligent party for the appropriate payment.

How Can a Personal Injury Lawyer Determine a Fair Injury Award? 

Before a lawyer can determine what monetary amount is fair for your case, they must learn how you got hurt. This includes determining what caused the accident, who is responsible for your injuries, and how liable parties can cover your costs. 

Your attorney can also review your losses to determine how much money you can demand. These losses include your medical expenses, income lost if you could not work after your injury, and how painful injuries affected your daily life. After they put these and other pieces together, they can tell you what a fair monetary award should be.

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Recoverable Damages in a Personal Injury Case

As you pursue financial compensation for your injuries, you must understand all the damages you suffered. This understanding will guide you in evaluating the fairness of any potential settlement offers and if they fully compensate you for your injuries.

In addition to medical bills and lost income, recoverable damages can include:

• Future medical care and rehabilitative therapy
• Loss of earning capacity (if your injuries affect or change your ability to work as you did before)
• Mental anguish
• Emotional distress
• Wrongful death (if your loved one suffered fatal injuries because of another’s negligence)
• Property damage

If you work with an attorney, they can tell you what kind of damages you can sue for after an accident in Georgia.

Should I Consider Other Cases to Determine What’s a Fair Settlement for My Injuries?

You can look at other injury cases similar to yours if you think it will give you an idea of what a fair settlement could look like in your case. However, you must keep in mind that injury cases involve different people and circumstances. Therefore, no two cases or their monetary awards are the same. 

You can talk to a lawyer who can address your concerns based on the specifics in your case. They can also apply what they know about these cases and help you understand what’s fair for your situation.

When You and the Insurance Company Disagree on What’s Fair

It is not uncommon for accident victims to receive a proposed settlement offer from an insurance company shortly after an accident. If this is your situation now, do not sign anything or speak to the insurer until you talk with an attorney. While you know you need money to recover, what you might not know is the insurer’s first settlement offer for your injuries is likely unfair and far lower than what you deserve.

Insurance companies offer low settlements because they are betting you don’t know your claim’s true value. They also want to save money, so paying you less helps them achieve this goal. A lawyer representing you can avoid this scenario and help you get the money you deserve.

If you and the insurance company or opposing party cannot agree on the fair settlement offer you should receive for your injuries, an attorney can seek compensation for you by doing the following:

Negotiating With the Insurer on Your Behalf

Personal injury lawyers have extensive experience negotiating with insurance companies. They can gather case-supporting evidence and challenge insurers’ tactics, which can be critical to securing a fair settlement offer. This evidence should show how the liable party is directly responsible for the harm you suffered.

Even if you were partially responsible for your injuries, you can still review your situation with an attorney. They can help you understand Georgia’s modified comparative fault rule and how it could affect your case’s financial outcome. 

In short, under the rule, you could recover damages for an accident if you are less than 50% at fault. However, shared responsibility for an accident means an insurer can blame you to push your percentage of fault higher. A lawyer from John Foy & Associates can defend you against these claims and work to show how the other party’s percentage of fault is greater than yours.

Handling a Mediation or Arbitration Hearing

An attorney can handle mediation or arbitration if this can resolve your legal matter. Both approaches can settle disputes outside of court with a neutral third party’s help.

Filing a Lawsuit and Going to Trial for Your Financial Award

If alternative dispute resolution or negotiation talks do not lead to a fair settlement offer, filing a lawsuit may be the next step. Your lawyer can take your case to trial, where a judge or jury will decide on the fairness of your settlement. A willingness to go to court can motivate insurance companies to seek a favorable outcome.

Call Us to Learn if You Are Receiving a Fair Settlement Offer for Your Injuries

If you have been injured, you know how uncertain life can be. While many things are up in the air after an accident, you don’t have to be unsure about whether you are getting a fair settlement offer for your injuries.

John Foy & Associates is ready to help you build a strong case so that you can receive the financial award you deserve. We will build your case and take on the insurance company for your full financial recovery. Contact us today for a free consultation. We are ready to get to work on your case.