Settling Your Personal Injury Claim FAQ

Settling Your Personal Injury Claim FAQWhy is it important for me to settle my personal injury claim? After an accident, you have the legal right to pursue compensation for your injuries and your losses through the court system. Typically, there are insurance policies in place that are designed to cover your losses. These insurance providers will normally prefer to pay you a settlement amount in return for your agreement not to pursue a lawsuit in court. Why? It saves them the cost of defending the case, and it means that you don’t have to wait for the court system to resolve your case, which could take months. Settlement is seen as a compromise between you and the person liable for your damages.

So, what do damages entail? In personal injury cases, there are two types of compensation options known as general damages and special damages. General damages can be known as non-economic and special damages may be referred to as economic. General damages are the kinds of harm and losses that stem from the underlying accident or injury, but are not easily quantified and can be more subjective. Special damages are losses that are easy to quantify.

Are medical bills covered in an injury settlement? Payment of medical bills is a component of any settlement that is reached in a claim. This could include reimbursement for medical bills already paid and a plan for payment of all future medical treatment that will be found necessary to the patient.

Can a settlement offer be rejected? Yes – if you’ve filed an injury claim with an insurance company or brought up a claim against the person who caused your injuries, you are free to reject any settlement offer you receive. Most injury cases will settle before going to trial. There are still a number of reasons to reject a settlement offer and take the case to court, however. Talking to an attorney can assess your best interests.

What is a demand letter? When working with an attorney, they will help you construct a demand letter. The demand letter is your chance to tell your side of the story. You may want to include how the accident happened, evidence involved, how badly you were injured, and the course of your medical treatment so far. You would present detailed evidence that will show why the other side’s initial settlement offer is too low and will end the letter with your own demand. This shows a dollar amount that you would be willing to accept to settle the case.

Is there a deadline for filing a lawsuit to recover compensation for my injuries? In some cases, you may not have success reaching a settlement with an insurance company. You must be aware of the “statute of limitations.” This refers to the time limit in which you have to file a claim. If you miss the deadline available in your particular state, you will lose your right to recover compensation in court and will be forced to abandon the claim entirely. It is important, in all cases, to seek help from a lawyer who has experience and can talk you through the steps of a personal injury claim.


Our Results Are About More than Just Money

Victory Means Our Clients Don’t Have to Worry About the Future

  • $13,500,000.00


    A car was rear-ended at high speed on a freeway exit, causing the bumper to be pushed into back seat where a 22-year- old ...

  • $6,000,000.00


    National package delivery truck driver veered from his lane of traffic to on-coming lane and hit head on, drove up, and over ...

  • $4,250,000.00


    A school van turned left in front of a motorcyclist, nearly taking off his lower left leg. The accident resulted in a serious ...