Your lawsuit may never go to trial. Most likely you will be offered a settlement because it is more economical to avoid the litigation costs. The settlement you are offered might not be the settlement your case merits. What factors will help you determine whether your settlement offer is a fair one? Your attorney has handled many cases and will have a good understanding of the settlement you have been offered and if it is good enough. But it helps to know what all is involved to know what you can expect. Here are some things to take into consideration…
What are Your Injuries?
Your injuries are considered damages. Did you require surgery or many months of recovery? Some injuries resolve to a maximum level of improvement quicker than others and the settlement offer for those types of cases tend to be lower. If you had an injury that will leave permanent damage or has required surgery, your settlement offer will be higher.
Who was at Fault?
The question of who was at fault determines the liability aspect of your lawsuit. If the defendant was at fault the compensation will be completely taken care of by them. If you, the plaintiff, were at fault or were partially at fault the compensation for you will be less. Resolving this issue is sometimes unable to be determined without going to trial. In some cases the liability is very easy to determine based on the facts of the case.
How is my attorney paid?
Your attorney is paid when your settlement is awarded. You will have discussed the terms of this long before you have been made an offer. Most attorneys will charge approximately one third of what your case will settle for.
There are many factors that will determine the settlement amount of your case. It may seem like there is no other option but to take the settlement you have been offered because the bills are mounting up. There is one way a plaintiff can get a better settlement. An advance on your settlement amount can help you to stay afloat with your finances while your attorney takes the time he needs to negotiate the best settlement for your case.