Who Decides Whether to Settle My Personal Injury Case?

If you are the victim of a personal injury resulting from another party’s negligence, your road to recovery can be long, stressful, and financially devastating. Dealing with your injuries while seeing the medical bills add up can feel overwhelming. You may wonder if hiring a personal injury lawyer is the best option and whether you will have input on whether to settle your case.

You Have Final Say

While a lawyer can remove a significant amount of stress by handling your case for you, it is essential to understand that the client (you) always has the final say on whether to settle. An experienced personal injury lawyer will never pressure you to settle a case. Additionally, your attorney cannot accept a settlement offer without your consent. Your lawyer’s job is to guide, advise, and advocate for you to the best of their ability, including explaining the pros and cons of each settlement offer.

The Negotiation Process

Negotiations usually involve back-and-forth exchanges between the insurance company’s agent and your injury attorney. The process is starts with your lawyer submitting a letter outlining the basis for your claim and demand for compensation. The insurance company usually responds with a counteroffer. The parties continue to exchange offers until an agreement is reached or they determine that settling the case is not an option.

If a settlement cannot be reached, it is essential that your attorney is prepared to proceed with a lawsuit. You do not want to work with a lawyer who is not equipped or experienced in litigating personal injury cases. In fact, many insurance companies do not truly negotiate with you until they have the pressure of a lawsuit filed.

Settlement Negotiations

One of the advantages of working with an injury lawyer is they have experience negotiating settlements. Your attorney has worked with numerous insurance companies and knows their tactics to pay as little as possible. Below are a few of the benefits of allowing your injury attorney to lead the settlement negotiations:

• Allows You to Focus on Recovering from Your Injuries: Attempting to negotiate with insurance companies while you are still recovering from your injuries is detrimental to your health. The back and forth of negotiations can be exhausting, and you are already not feeling your best as a result of the accident. Allowing your lawyer to handle the nitty gritty part of negotiations is best for your recovery.
• Protects You from Being Taken Advantage Of: Insurance companies are skilled at presenting your case in a way that makes you doubt the amount of fair compensation. Their questions are designed to encourage you to admit fault or downplay the extent of your injuries. A lawyer will protect you from undervaluing your claim.
• Can Access Witnesses: Personal injury lawyers who have experience handling cases similar to yours have professionals they use to support your claim value. Having expert witnesses testify regarding the current and future costs resulting from your injuries is highly persuasive.
• Understands What is a Fair Settlement: An injury lawyer has a history of settling cases but also understands what amounts you are likely to recover if your case goes to trial. Settling a case often leads to a quicker payout and is less stressful than a trial. Your attorney can help you weigh the pros and cons of each option in relation to the amount of potential compensation.

Contact an experienced personal injury lawyer

Whether you have questions about how to settle your case or you need assistance filing a personal injury lawsuit, it is wise to confer with a personal injury attorney.

If you have been involved in an automobile accident or other type of personal injury case that was caused by the negligence of another party, it is important to have effective attorney representation. At Babbit, Mitchell & Ogle, our accident lawyers and personal injury attorneys have been representing injured victims of accidents and insurance disputes for over 60 years. Call Babbit, Mitchell & Ogle in Oklahoma City, Oklahoma, at (405) 692-7676 to schedule a FREE consultation.