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770-626-7895Are you preparing a personal injury claim? If so, it is important to understand that it does not necessarily mean that your case is going to go to trial. Quite the contrary, many personal injury claims in Georgia are settled. At The Larrison Law Firm, we have extensive experience with settlement negotiations. Here, our Athens personal injury attorney provides a guide to the key things you should know about the personal injury settlement claims process.
Personal Injury Settlements are More Common than Personal Injury Verdicts
Trials in personal injury cases are relatively uncommon. In Georgia, the vast majority of personal injury cases are resolved through negotiated settlements rather than courtroom verdicts. A settlement can be in the best interests of all parties. Not only does it reduce uncertainty and legal costs, but personal injury settlements also provide a faster resolution. They allow injured victims to access compensation sooner. While settlements typically involve compromise, they give both sides control over the outcome instead of leaving the decision to a judge or jury.
What to Know About the Personal Injury Settlement Process in Georgia
A personal injury settlement can be a great way to resolve a case. However, that is only true if you are being offered the full and fair financial compensation that you deserve. Here are key points that injured victims in Athens and elsewhere in Georgia should understand about the personal injury claims process:
- Personal Injury Settlements are Negotiated: First and foremost, it is important to emphasize that a personal injury settlement is negotiated between the parties. Insurance companies rarely lead with the best and final offer. A personal injury settlement is rarely a take-it-or-leave-it proposition. In Georgia, settlements are the product of back-and-forth negotiations between the injured victims (usually, through their attorney) and the defendant/insurer. After an accident, you should be prepared to present the strongest possible case so that you are in the best position to secure full and fair financial compensation for your damages. Do not agree to settle your case for less.
- Patience Can Lead to a Better Outcome: No person wants to wait for a personal injury settlement. It is normal to feel stressed out, overwhelmed, and ready to move forward with your life. Sadly, insurance companies sometimes try to take advantage of this understandable impulse. They fight hard to pay out less in settlement negotiations. One of their most common strategies is to lead with a lowball settlement offer. A patient but still proactive approach to the personal injury claims process can make a big difference. By letting your Athens, GA personal injury lawyer handle the negotiations, you will be in the best possible position to get justice and financial compensation.
- The Value of Your Claim Depends on Evidence: What can you expect to get from a personal injury settlement? The answer depends on a wide range of case-specific factors. Settlements of four, five, six, and even seven figures are always within the ordinary range. Insurance companies will not pay fairly unless you can prove both fault and the extent of your damages. Strong evidence gives you leverage in negotiations. The more clearly you can show what happened and how it hurt you, the harder it is for the insurance company to undervalue your claim. An Athens, GA personal injury lawyer can help you gather the evidence that you need.
- A Personal Injury Settlement is Almost Always Final: Once you accept a settlement, that is almost always the end of the case. In other words, you cannot go back for additional financial compensation, even if your injuries turn out to be worse than you thought. Most agreements include a release that closes your case forever. For that reason, you must reach a personal injury settlement that truly covers all of your current and future needs. Along with other things, you have the right to seek compensation for medical care, lost wages, pain and suffering, and other damages.
Common Mistakes to Avoid When Negotiating a Personal Injury Settlement
Too many people struggle to get access to the financial compensation that they deserve after a serious accident. By avoiding the most common mistakes that injured victims make, you will put yourself in the best position to bring a winning claim. Here are three things that you should not do when negotiating a personal injury settlement after a serious accident:
- Speaking to the Insurance Company Without a Lawyer: Insurance adjusters work for the financial interests of their employer. Giving a recorded statement before consulting with an attorney can harm your case. Your words may be taken out of context and used against you.
- Accepting the First Settlement Offer: Remember, you have a right to negotiate. Initial offers from insurers are often far below the true value of your claim. Without a full review of your medical needs, lost income, and other damages, you risk settling for less.
- Delaying Medical Treatment or Skipping Appointments: Medical records are key to any personal injury claim. Any gaps in medical care can make it seem like your injuries are not serious. Insurers may use this against you to lower your settlement.
Be Proactive: Your Right to File a Lawsuit for a Personal Injury Claim is Time Limited
Personal injury claims are time-sensitive. Under Georgia law (Georgia Code § 9-3-33), there is a two-year statute of limitations for personal injury cases, including car crashes, slip and fall accidents, and product liability claims. What does this mean for your case? Any lawsuit that you have against another party must be filed within two years of the date of an accident. If you fail to bring a claim promptly, you will generally lose out on your right to take legal action against them at all. In other words, you will be denied an opportunity to get compensation. Do not do it alone: A top-rated Athens personal injury lawyer can get started on your case right away.
Why Legal Representation Makes a Difference in Settlement Negotiations
It is normal to have a lot of questions after an accident. Going up against an insurance company without a lawyer can put you at a major disadvantage. Insurance adjusters are trained to protect their employer’s bottom line. Of course, that means that they are not there to ensure you receive the maximum compensation you deserve. An experienced Athens, GA personal injury attorney understands how to calculate the full value of your case, including future medical costs, lost earning potential, and non-economic damages like pain and suffering. Your lawyer will also know how to gather and present evidence in a way that strengthens your negotiating position. The right attorney can help you get justice.
The Larrison Law Firm is a Leader in Personal Injury Law in Georgia
Many personal injury claims are settled. With that being said, reaching a full and fair settlement can be challenging. Insurance companies fight hard to pay out less in settlement negotiations. They may try to resolve a case for just pennies on the dollar. At The Larrison Law Firm, we have what it takes to hold negligent defendants and big insurance companies accountable. We proudly serve Athens, GA. The area is home to both a thriving arts scene and a nationally recognized university, creating a strong sense of community. Residents who suffer serious injuries in Athens deserve legal counsel that understands the local courts and the unique needs of the area. Our case results show what we can do for injured victims in settlement negotiations. During your free initial consultation, our Athens personal injury lawyer will review your case, answer your questions, and explain the law.
Contact Our Athens, GA Personal Injury Attorney for a Free Case Review
At The Larrison Law Firm, our Athens personal injury lawyers are standing by, ready to protect your rights. If you have any questions or concerns about a personal injury settlement, we are here to help. Call us now or contact us online to arrange your free, no obligation initial case evaluation. It is our mission to help you fight for full and fair financial compensation after an accident. With an office in the 30601 zip code in Athens, we represent injured victims throughout the region.
