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  • By: Richard Hobbs, Esq.
Scales of justice with coins, symbolizing financial decisions in Georgia settlements or trials.

Personal injury claims are never easy; you will be fighting against insurance companies just to recover the costs and compensation for the harm that has been done to you. But one decision hangs permanently in the balance over every claim in Georgia: to settle or not to settle. This article will help you better consider your options and consequences by explaining:

  • The factors you need to consider when deciding whether to accept a settlement.
  • The benefits of settling over going to trial and the costs of refusing an offer.
  • What to expect from a personal injury outcome.

What Factors Should I Consider Before Accepting A Personal Injury Settlement?

Before accepting a personal injury settlement, it is crucial to consult with a personal injury attorney. There are factors involved in your case and settlement offer that you can not be expected to know but which an experienced local attorney would immediately understand and advise you on.

Examples of these factors include…

  • The jurisdiction your case would be heard in
  • The type of insurance the other party had
  • Whether or not you have insurance benefits
  • The assets of the defendant
  • Whether or not there are punitive damages that should be considered
  • Any subrogation considerations with hospital and medical bills
  • Reimbursement requirements to health care providers and/or Medicaid and Medicare

There are so many different variables that you can easily become overwhelmed or make the wrong decision. This is why you should never accept (or refuse) an offer without consulting an experienced attorney.

 How Can I Tell If An Insurance Settlement Offer Is Fair?

An attorney will examine the details of your case and help you determine whether an offer is truly “fair”. Factors involved in determining fairness include the expenses related to your future medical care, the type of insurance the other party has, and the presence of other possible avenues for recovery.

Ultimately, the best way to tell if an offer is truly fair is to ask an experienced personal injury lawyer.

What Are The Benefits Of Settling Instead Of Going To Trial?

There are several different costs and benefits of choosing a trial over a settlement. Each of these will need to be weighed based on your own situation and the advice of your attorney. For example:

  1. Going to trial requires patience. You have to be willing to be tenacious and long-suffering, as the trial process can take months, if not years. There can be many delays along the way, for different reasons.
  2. A trial will also involve a great deal of uncertainty. If you go to trial, you have to make certain that all of your witnesses are available and that you have all the evidence you need.
  3. A trial gives you your day in court, but the ultimate decision is going to be based upon what a jury decides. They will decide based on facts, facts they only get to hear relayed in a very methodical and arguably very boring format. A jury will never be able to fully appreciate everything that you have gone through in a personal way, and their judgment may reflect this.
  4. When you settle a case, you can finally get some closure, start to put the injury behind you, and move forward with your life. A trial might involve reliving this traumatic event over and over, potentially for the rest of your life, if the outcome is poor or needs to be appealed.

While over 90% of cases settle without the need for a trial, it is best to consult with your attorney as to whether it is in your best interests to head to trial.

What Are The Risks Of Rejecting A Settlement Offer?

There are generally no risks involved with rejecting a settlement offer. In most cases, a first offer is rarely a good one. In a worst-case scenario, an initial offer could be acting as a way to trick you into accepting far less than what you deserve. Never consider an initial offer without first reviewing it with an experienced personal injury attorney.

What Should I Expect From A Personal Injury Outcome Or Settlement?

It is always important to keep your expectations reasonable without giving grounds on your rights. You will inevitably have to make the decision for yourself about whether to settle or not and whether the amount being offered is sufficient.

Your attorney can offer some insight, such as comparing what other clients received in similar settlements. But every case is unique, from the extent of your injuries to the county in which you are bringing the claim. These are realities you might not be aware of, which your attorney can share to help you decide based on decades of experience working on personal injury claims.

Facing A Personal Injury Claim Settlement Offer? Ask An Experienced Atlanta, Georgia, Attorney.

For more information on Personal Injury Claims And Settlements In Or Near Atlanta, you can schedule a free consultation with our team. Get the information and legal answers you need by calling (770) 716-0200 today.

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