How Hard Can Personal Injury Lawyers Push To Win More Money In Cases?

16 February 2021
 Categories: Law, Blog

A common concern that clients in injury cases have is that they won't get enough money as part of a compensation package or court judgment. It's understandable when someone is looking at medical bills, lost wages, future expenses, and potentially lifelong issues why they don't want to settle for less than they can possibly get.

The question of what a case is worth, though, is always somewhat in the air. That often creates pressure for personal injury lawyers to push as hard as possible to maximize financial recoveries. You may wonder just how hard personal injury attorneys can press a case so take a look at some of the biggest factors.

Good-Faith Negotiations

Especially if a victim is hell-bent on taking a case to trial, the courts tend to frown upon that. Personal injury lawyers must show that they and their clients have make good-faith efforts to reach settlements. If an insurance company and a defendant have made several reasonable offers, one of the first things a judge will want to know is why the plaintiff's side hasn't taken them. When it seems good-faith efforts haven't been exhausted, the judge may dismiss the suit without prejudice and order the two sides to resume negotiations.

Notably, that doesn't mean you can't push a case to trial under reasonable circumstances. If a defendant refuses to settle or won't put up a fair offer, you have the right to sue. However, personal injury attorneys will exert every possible effort to settle a case before using a lawsuit as a last resort.

Tools for Maximizing Recoveries

The best way to maximize a financial recovery rarely is to press the case further and further. Instead, the best option is to present a relentlessly detailed initial demand letter that makes it clear to the defendant and their insurer that now is the time to settle. The right way to press a case hard is usually to assemble reports from qualified professionals, including doctors, specialists, EMTs, firefighters, and cops. Similarly, you want to document pain and suffering in a journal every day to bolster the argument for a higher multiplier.

Likewise, you don't want to send a demand package until you've seen how far your physical recovery is likely to progress. By taking time to assess what the long-term possible issues will be, you can reduce the chances that you'll receive too little compensation to deal with future problems, such as continuing medical care.

Reach out to a personal injury lawyer to learn more.