When dealing with a legal situation, one of your options could be whether to accept or reject a settlement offer. This decision has significant weight over the financial outcome of your case.
The decision to reject a settlement offer can lead to a range of consequences, from getting a more considerable compensation offer through more negotiations or the chance of ending up with less or nothing if the trial doesn’t go your way.
A Denver personal injury attorney can evaluate any settlement letters you get and let you know if the offers are fair. With their help, you can be confident that whatever settlement you receive is a true reflection of all your losses.
A settlement offer is a proposition in a dispute given from one party to the other, trying to resolve the matter without having to go to trial. This occurs across many types of personal injury cases, including car accidents and slip and fall cases. A settlement offer comes at any point during the legal process, from the initial stages of a dispute to the outcome of a trial.
Settlements usually serve beneficial purposes for both parties involved:
Cost savings – Legal proceedings are costly and not only in terms of money. They take up a lot of resources and time. Settlements may be a more cost-effective option, decreasing legal fees and other expenses associated with a long court case.
Fast resolution – Legal disputes could be long based on the case’s difficulty, the length of the discovery process, or court delays and rescheduling. A settlement may deliver a faster resolution, letting parties move on without litigation’s level of doubt and stress.
Maintain relationships – In cases where the parties have a continuing relationship, like business disputes, a settlement could help maintain a working relationship. Trials can be combative and damaging to longstanding relationships. Each party poses arguments against the other, typically emphasizing wrongdoings, faults, and negligence. This could create or increase mistrust and hostility between the parties.
Remove the risk -Trials are fundamentally unpredictable. Even with a solid case, the conclusion isn’t certain. One party could remove the risk of a negative trial verdict by providing a settlement offer.
Control the resolution -Settlement offers permit the parties to control the resolution promptly. Unlike a trial when the jury or judge makes the decision, a settlement offer is jointly agreed upon, providing a feeling of control.
Confidentiality – Some disputes could include sensitive information that parties wish to keep private such as trade secrets, health records, and divorce settlements. Settlements are typically kept confidential, while trials are usually public.
Public image – For public figures or businesses, the public nature of trials can harmfully affect their public image. A settlement offer could help control public perception by working out disputes discreetly.
There are many rational reasons a claimant may decide to reject a settlement offer:
Inadequate amount – The compensation offered might not completely cover the damages, generating financial hardship for the claimant.
Future expenses – Worries about possible future expenses related to the accident like ongoing medical treatments, could be a solid reason for rejecting the offer.
Dispute on liability – If there’s a dispute over who’s at fault in the accident, the claimant can reject the offer to affirm their claim’s legitimacy.
Higher expectations – When the claimant thinks the value of their claim is greater than the settlement offer, they might choose to reject the offer for a better result.
When an insurance company offers a settlement that is below your expectations, it’s crucial to deal with the circumstances cautiously. Here are some major points on how not to behave:
Don’t give recorded statements – If asked to give a recorded statement, respectfully say no until you’ve talked with your attorney. Providing a statement without speaking with your lawyer could hurt your case and your chance for a fair settlement.
Don’t get emotional – While your exasperation is logical, responding with anger can hurt negotiations. Keep a level head to maintain productive dialogues.
Don’t give in to any pressure – Insurance adjusters might attempt to create a feeling of urgency with you. Don’t forget you have the right to take your time to cautiously consider your options. Don’t give in to the pressure to make quick decisions.
Don’t negotiate without your attorney – Participating in negotiations by yourself could put you at a disadvantage. Hire an attorney who can advocate for you.
Don’t sign any documents without your attorney reviewing them – Fight the urge to sign paperwork hurriedly to expedite the process. Instead, take your time to read and understand any documents you receive. It’s a good idea to run any documents you get regarding your accident by your attorney first.
Don’t discuss your case in public – It’s best to keep any information regarding your case off your social media accounts or any place online. Any posts can be used against you while you’re negotiating with the insurance company.
By avoiding these mistakes, you put yourself in a more positive position during negotiations. Smart decision-making and patience are vital for getting a fair settlement.
After getting numerous unsatisfactory offers or none, your attorney can inform the insurer and the insurance company that you’re ready to take them to court. The possibility of a long and drawn-out trial could be the key to getting the settlement offer you desire.
It’s critical to note that you have a limited amount of time to go to court after being in an accident and rejecting a settlement letter. In Colorado, residents have two years from the date of their injuries to take legal action. However, if it is a car accident, residents have three years from the accident date to file a lawsuit.
The statute of limitations only denotes the time you must begin a case and not the time you have to finish it. You’re not obligated to accept a low and unjust settlement just to be sure your case ends in under two years. So long as you start the ball rolling within two years, you’re well within your rights and you have the right to say no to a settlement offer.
When you find yourself in the tough position of determining whether to reject a settlement offer, working with an experienced personal injury attorney can make all the difference. An attorney’s role is to look after your best interests during the process. They depend on their level of vast skills and knowledge to represent you in negotiations and every other aspect of your case.
Partnering with a seasoned attorney can be extremely beneficial to your case. They offer:
Experienced legal counsel – –Attorneys give you experienced legal counsel, aiding you with making informed decisions about when to say yes to a settlement offer.
Negotiation skills – Many attorneys are skilled negotiators who effectively advocate for fair compensation and effectively counter lowball offers.
Claims assessment – A skilled attorney will assess the real value of your claim, taking into consideration all possible expenses so that you don’t settle for less than you’re entitled to for your injuries and damages.
Comprehensive knowledge – Personal injury attorneys know the complexities of insurance policies, law, and the tactics insurance companies typically use.
More settlement offer – An attorney’s objective is to get you the full amount of compensation you need to recover and rebuild after your incident.
Organize essential documents – A lawyer can assist you with organizing and gathering all essential documents to support your case.
Legal rights protection – Your attorney will work to protect your legal rights and stop the insurance company from treating you unfairly.
Recognize bad faith tactics – Your attorney can recognize when the insurance company isn’t acting in good faith and deal with their unethical behavior.
Court representation – If negotiations fall through, your attorney can represent you in court, going after the compensation you deserve.
To safeguard your rights, it’s an excellent idea to contact a Colorado personal injury law firm as soon as you’re done with any medical treatment. Your legal professional can:
You deserve to get a fair settlement offer. Our knowledgeable attorneys will work diligently to negotiate an adequate settlement offer or advocate for your rights at trial if necessary. Contact us today for a free consultation to discuss your case.