What If I Am Unhappy with My Personal Injury Settlement?April 22, 2020
When filing a personal injury claim, you are not guaranteed a sizable financial settlement. There are several factors that can affect a settlement and your financial compensation. The process can take longer than expected, but that does not mean you should not proceed with filing a claim. A skilled car accident lawyer can address all your questions and concerns and ensure that you are not unhappy and that you receive the maximum settlement that you deserve.
Reasons Why a Settlement May Stall
There are several parties that must agree on the details of the settlement. If anyone involved in the lawsuit is unhappy with some aspect of the settlement and does not agree, this may slow the process. The following are reasons why this might happen:
- A defendant may not offer a settlement at all. If this happens, the plaintiff will need to go to court to attempt to recover compensation.
- A defendant will offer a settlement amount that the plaintiff believes is unreasonable.
- The plaintiff may make an unreasonable settlement demand.
- The plaintiff simply wants his or her day in court.
- The plaintiff may want the case to go to trial when there are punitive damages at stake, since the financial awards tend to be much higher than actual damages.
Settlement negotiations generally begin with the plaintiff sending a demand letter, which will include a settlement amount. There is usually some negotiating between the two parties, which can take months. During this process, it is important to make sure that the settlement is finalized before it reaches the statute of limitations. For a settlement to become final, all details of the claim must be settled by the parties involved.
Accepting a Lower Settlement
The goal of a personal injury lawsuit is to secure the maximum financial compensation possible. However, there are times when accepting a lower settlement amount may make sense, including the following:
- The plaintiff may not be able to prove all elements of the claim in court.
- The injuries are minor and do not warrant a significant settlement amount.
- The settlement offer is the maximum amount available based on the policy limits. An insurance company is not going to pay more than what it is obligated to pay based on the terms of the policy. If the defendant is a large corporation, the defendant may be able to collect additional compensation, but it depends on the details of the case and the nature of the injuries.
Baltimore Car Wreck Lawyers at LeViness, Tolzman & Hamilton Seek Maximum Compensation for Victims
If you were injured in a car accident, are unhappy, and wish to file a personal injury claim, contact the Baltimore car wreck lawyers at LeViness, Tolzman & Hamilton. We have a proven track record of reaching successful settlements for our clients. Our experienced legal team will negotiate on your behalf to ensure that you receive the maximum financial compensation you deserve for your injuries. To schedule a free consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Prince George’s County, allowing us to represent victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.