How Should You Respond to a Low Personal Injury Settlement Offer?
Personal injury lawsuits can be taxing for victims. So, when defendants put forth a low settlement offer, victims may believe that’s all they deserve. Knowing how to recognize and respond to a low settlement offer is crucial so that victims recover the compensatory damages they’re entitled to.
Before you can respond to a low settlement offer, you need to know how to recognize one. Generally, an offer that doesn’t adequately compensate you is too low. Your attorney will then quickly analyze an offer and identify any issues in a defendant’s logic. Then, your lawyer will send a written response, complete with a counteroffer. Depending on a defendant’s response, you may have to complete this process multiple times. If, however, it appears that a defendant won’t budge on their low personal injury settlement offer, you can go to court.
Our Flatbush car accident lawyers care about helping victims recover the compensatory damages they deserve against a negligent party. For a free case evaluation with the NYC personal injury lawyers at The Carrion Law Firm, call us today at (718) 841-0083.
How to Recognize a Low Personal Injury Settlement Offer
After sustaining injuries caused by a negligent party, you may require access to compensatory damages to heal. Because of this, victims may be eager to accept a settlement amount that aids them financially, even if it is too low. To avoid accepting a low settlement offer, victims need to know how to recognize one.
If you’ve been injured in an accident, hiring a lawyer is crucial. A personal injury attorney gives victims the best chance at recognizing a low settlement offer and identifying it for what it is. Your lawyer will calculate an appropriate settlement amount on your behalf, factoring in medical bills and lost wages. An experienced attorney will also account for emotional damages, like pain and suffering, resulting from your injuries. Once you have a number in mind as a reference point, identifying a low settlement offer becomes easier.
If a defendant’s settlement offer doesn’t match your attorney’s estimation, it’s likely low. Offers that come in too quickly or undermine your injuries may also be insufficient. Often, a negligent party’s legal counsel will initially offer a lowball settlement amount intentionally in the hope that a victim will accept it and their client will be less financially impacted. If you cannot recognize a low settlement offer and don’t have an attorney by your side, you may accept an amount that’s far less than you deserve. When victims do this, they can lose the right to pursue compensatory damages against a negligent party in the future.
How Soon Should You Respond to a Low Settlement Offer?
When accident victims sue a negligent party for compensatory damages, settlement negotiations may ensue. In order to lessen the financial impact for a defendant, they may offer a low settlement amount. When this happens, victims and their attorneys need to act fast.
If a defendant has put forward a low personal injury settlement offer, it’s crucial to respond quickly. When victims wait to respond, they delay their access to compensatory damages. As soon as you can confer with your Manhattan personal injury attorney, do so. Acting fast is important so that you are able to assert your needs quickly.
That being said, acting too quickly can put your access to compensatory damages at risk. Responding too fast, without your attorney by your side, isn’t wise. While time is always of the essence in personal injury lawsuits, as victims often need fast access to compensation, it is important to remain calm and speak with your Brooklyn personal injury lawyer before responding to a low settlement offer.
Analyzing a Low Personal Injury Settlement Offer Before Responding
Before you respond to a personal injury settlement offer, you need to analyze it. Suppose you don’t have a lawyer in your corner. In that case, it can be difficult to understand the confusing jargon and excuses a defendant’s attorney may use to rationalize a low settlement offer. When responding to a low settlement offer in a personal injury lawsuit, it’s important to have your attorney analyze it thoroughly.
It takes experience to analyze a settlement offer, so it’s wise for victims to enlist help from a personal injury attorney. Your lawyer can examine an offer and a defendant’s reasons for offering that sum. For example, a negligent party may claim that you, the victim, were partially at fault for your injuries, and that is why the offer is so low. If that is not the case, the settlement offer should be higher. Unfortunately, victims without legal representation may not spot such excuses and believe that the low settlement offer is what they deserve.
Analyzing a settlement offer is crucial when it comes time to respond. That’s because your response should not just be a counteroffer but an explanation of why a defendant’s rationale is unfair. A thorough response can only come from carefully analyzing a low personal injury settlement offer with your attorney.
Calculating a Counteroffer to a Personal Injury Settlement Offer
When responding to a low personal injury settlement offer, it’s important to respond with a counteroffer. That requires careful calculation on behalf of your personal injury lawyer to ensure your counteroffer adequately reflects your needs.
Properly calculating a counteroffer to a low personal injury settlement offer is crucial. It’s necessary to include this number in your response to a defendant so that they’re aware of the amount you require. Calculating a counteroffer is not simple, so victims require a skilled personal injury lawyer to assist them. If you improperly calculate a counteroffer and a defendant agrees, you may accept a compensation amount that’s far less than you deserve.
Several things go into calculating a counteroffer in personal injury settlement negotiations. Your attorney will start by considering economic damages. The following are things your lawyer will use to calculate the economic damages for your counteroffer:
- Past, current, and future medical expenses
- Past, current, and future lost wages
- Disability costs and accommodations
- Property damage, if applicable
There may be additional financial damages to account for, depending on your personal injury lawsuit. Our experienced Bronx personal injury lawyers will compile all of the expenses you have incurred from an accident in order to calculate the economic damages that will then factor into your counteroffer to a low settlement offer.
In addition to economic damages, victims may also be entitled to non-economic damages. This type of damages can be harder to quantify and include in a counteroffer, so it’s crucial to hire a skilled lawyer to represent your interests. When calculating non-economic damages, your attorney will consider your reduced quality of life and any pain and suffering you may have endured. It can be helpful to keep a journal throughout your recovery or seek help from a mental healthcare professional to document any emotional difficulties you have experienced after an accident. That way, your attorney can more easily calculate the non-economic damages you’re entitled to and include that within a counteroffer.
Responding to a Low Personal Injury Settlement Offer in Writing
After you have received a low settlement offer and you and your attorney have analyzed it, it comes time to respond in writing. Your skilled attorney will include a detailed explanation and evidence supporting your claim in a written response to a low personal injury settlement offer.
It is necessary to respond to a low personal injury settlement offer in writing. Doing so can be difficult for injured victims, so enlisting help from an attorney is crucial. Your personal injury lawyer can write the proper response to a negligent party, including all pertinent information. For example, suppose a defendant claimed you were partially at fault for your injuries as their reason for a low settlement offer. If there is information to counter that claim, like security camera footage or a police report, your attorney will include that in a written response.
Similarly, suppose a settlement offer doesn’t adequately cover the financial impact of your injuries, like medical bills and lost wages. In that case, your personal injury lawyer will attach all available records that outline your need for economic damages. It is also possible for things to change during settlement negotiations. For example, say your doctor has recently updated your treatment plan and advises you to undergo more expensive and ongoing treatment. That fact may entitle you to a higher settlement than you previously expected. Your attorney will include all pertinent information within a written response to a negligent party’s low settlement offer.
When responding to a low personal injury settlement offer in writing, it’s important to undermine a defendant’s excuses and rationale. Our Queens personal injury lawyers can do so effectively and put forth a counteroffer that helps you get the compensatory damages you deserve from a negligent party.
Can You Respond to a Low Personal Injury Settlement Offer Multiple Times?
In a perfect world, a defendant would respond positively to your counteroffer every time. Unfortunately, that rarely happens. Remember, in personal injury cases, defendants are responsible for paying victims their damages. Because of that, they may respond to your response with yet another counteroffer. When that happens, victims may feel compelled to accept. However, it’s important to note that you can go through the whole process again to get the amount you deserve.
When a defendant receives your response to their low settlement offer, they will go through a similar process as you did. Negligent parties and their attorneys will likely analyze your counteroffer and respond with a counteroffer of their own. At the end of the day, their goal is to offer you the least amount possible in the hope that you will accept it. If that happens, and you are faced with another low settlement offer, you don’t have to settle.
Our personal injury attorneys are determined to help you heal and recover the compensatory damages you deserve. Because of that, we urge our clients only to accept a settlement offer that adequately compensates them. When a defendant disregards your counteroffer, and puts forth another low settlement offer, you can counter it again. Your attorney will guide you through the process once more to recover appropriate compensatory damages. There’s no rule on how many times a plaintiff can respond to a low settlement offer in personal injury lawsuits. Don’t feel discouraged, and trust that your attorney has your best interests in mind.
What to Do When a Defendant Refuses to Raise a Settlement Offer
Although a defendant may have wanted to settle a personal injury lawsuit out of court, that doesn’t mean that they want to hand over compensatory damages. In fact, a defendant may choose to settle, hoping that negotiations will go in their favor. If a negligent party refuses to raise a low settlement offer, victims need to know how to respond.
Unfortunately, sometimes settlement negotiations are futile. A defendant doesn’t want to give you the compensatory damages you deserve, and they may not budge much on their initial lowball offer. When that happens, victims need to respond properly.
Our experienced Staten Island personal injury attorneys know when settlement negotiations aren’t progressing properly. Should a negligent party refuse to raise their settlement offer after you’ve responded and put forth a counteroffer, your lawyer may advise you to go to trial. While some victims may fear going to trial, doing so can help them recover greater compensatory damages.
Often, defendants don’t want to go to court. If the evidence against them is sufficient, a judge or jury could award a victim substantial compensatory damages. So, the prospect of going to court could convince a defendant to raise their settlement offer. After lengthy negotiations, your attorney may believe it’s best to go forward with a trial. Remember, our goal is to recover the damages you need to heal. If a defendant is being stubborn and won’t raise their low settlement offer, going to trial can be the wisest path forward.
When victims don’t have a personal injury attorney by their side, they may fear going to trial. If a negligent party refuses to raise their settlement offer after lengthy discussions, unrepresented victims may be more inclined to accept a low offer. This can impact their ability to heal from their injuries physically, financially, and emotionally. When you have an attorney to represent your interests, you don’t have to fear such a situation. Your lawyer will ensure your rights are protected and fight for you throughout a trial if necessary.
Our Attorneys Can Help You Respond to a Low Personal Injury Settlement Offer
We don’t believe any victim should accept a low settlement offer that’s less than they deserve. For a free case evaluation with the Brooklyn personal injury lawyers at The Carrion Law Firm, call us today at (718) 841-0083.