| How
Do I Know If I Have A Good Settlement Offer?
The
short answer is to consult a lawyer. However, it is important
that a victim of a truck accident understand how cases are evaluated
by lawyers, juries and claims adjusters when considering whether
or not to accept a settlement.
The first and most important rule in considering a settlement
offer is to forget all of the advice told to you by friends
and family who know someone that got a million dollar settlement
for an injured hangnail. This also means to forget the publicity
surrounding cases like the McDonald's hot coffee spill.
The facts, circumstances and law which is applicable to your
truck accident case will determine the value of that case.
Just because someone else got more in another case with different
facts does not mean you are entitled to more.
Most courts and lawyers rely upon established legal case
law to determine the value of a particular injury. This value
is always expressed in terms of a range of dollars that is
reasonable under the circumstances. Some cases settle at the
higher end of that range and some settle on the lower end
of the range.
Whether the case settles at the top or bottom of the acceptable
dollars found reasonable for the injuries involved depends
on many factors. One of those factors is the ability to prove
liability on the part of the defendant who is offering to
settle the case. Another factor is the ability of that defendant
to prove that another party or even the plaintiff himself
is partly responsible for the injuries in the case.
Obviously, to the extent that others are at fault, one particular
defendant will not offer you the full value of your case.
Moreover, the facts of the case could result in a swearing
match between witnesses for the defense and the plaintiff.
In such circumstances, offers could be reduced by as much
as 50% to reflect the risk of winning or losing the swearing
match.
Another common misperception victims have regarding the value
of their case is the dollars actually awarded by juries across
this nation for non tangible items like pain and suffering.
In some jurisdictions, the death of a person may only bring
a sustainable verdict of $250,000 per person who survives
the deceased.
Although a human life may seem like it is worth a lot more
than $250,000, statutory and case law restrict recovery in
many circumstances. The degree of pain and suffering is often
more when a victim is severely injured, but survives that
if they die. |
