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How to Get a Good Settlement in a Personal Injury Case

January 10, 2021

client receiving settlement checkclient receiving settlement checkNo two personal injury cases are alike. Whether a settlement offer is “good” is highly dependent on the unique facts of each case. In our 45 years of experience, we’ve become familiar with what makes a strong settlement demand. As a result, we know how to get a good settlement in a personal injury case.

Have an Amount in Mind and Stick with It

One of the best ways to obtain a good settlement is knowing how much your case is worth. Accident attorneys will determine a range of settlement amounts that could apply to your case. Within that range, you should pick the minimum settlement amount you are comfortable receiving.

Even if you aren’t 100% sure what your claim is worth, it’s important never to accept an early settlement offer. An insurance company’s Initial offer is always a lowball because it wants to pay as little as possible.

Approaching settlement negotiations with a specific number in mind allows you to assess offers compared to a reasonable estimate. Accident attorneys will work with you to come up with a reasonable minimum based on the evidence and your injuries. We refer all our clients to reputable medical professionals to properly treat and document your injuries.

Nevertheless, you should still prepare in case you need to revise your minimum amount. During the settlement process, it is not uncommon for this number to go up or down in light of new evidence.

How Do I Determine a Settlement Amount in a Personal Injury Case?

On a basic level, the severity of the injury determines the settlement amount in a personal injury case. In general, the more severe the injury is, the higher the settlement amount may be. In practice, however, there are number of different factors that go into this calculation, including

  • The extent and type of injury, such as whether it is serious brain trauma versus a broken bone;
  • The cost and extensiveness of medical expenses and required treatment;
  • The duration of injury and whether it is permanent, long-term, or short-term;
  • The existence of emotional distress;
  • The amount of any available insurance coverage;
  • Any disruption to your normal day-to-day activities or your ability to work;
  • Any pre-existing conditions you have; and
  • The level of fault of everyone involved.

Depending on how these factors apply in your case, a settlement could be anywhere from a few thousand to several million dollars. After reviewing the circumstances and evidence, an experienced accident injury attorney can provide a range of dollar values for your claim. 

Your level of fault in the accident also affects how much the settlement may be. Kentucky uses the “pure comparative fault” model of recovery. This model reduces a plaintiff’s damages by their percentage of fault in the accident.

However, unlike in some other states, a plaintiff in Kentucky can recover damages even if they are more at fault than the other party. For example, if you were 75% at fault, you could still recover 25% of your damages.

Build a Strong Case

flora doing paperworkflora doing paperworkThe stronger your case, the better your settlement amount will be.

Collecting evidence of your injuries and who was at fault is a powerful tool in obtaining a good settlement.

In addition to obtaining evidence of your injuries from a doctor, we will hire investigators to collect evidence from the accident scene.

These investigators will thoroughly document the accident with photo and video. If necessary, they will collect evidence beyond the immediate scene of the accident as well, such as cell phone records or vehicle crash data.

Remember, you don’t pay us unless you win; building a strong case is just as important to us as it is to you.

In the aftermath of an accident, the scene is often cleaned up quickly, and evidence can easily disappear. The sooner you hire an attorney and file your claim, the sooner they can start collecting evidence. 

In addition, the statute of limitations for personal injury claims gives you a time limit within which to bring them. Although the general statute of limitations is one year in Kentucky, the Motor Vehicle Reparations Act extends the statute of limitations for Kentucky car accident claims to two years.

The clock starts running on the date of the accident or on the date of the last no-fault personal injury protection (PIP) payment from your insurance company. Kentucky car accident lawyers are familiar with these laws and can advise you of how much time you have left to file your claim.

Hire an Accident Attorney

The most important thing you can do to get the best settlement is to hire a personal injury lawyer. Not only will an experienced accident attorney know how to handle your case, the insurance company will take them more seriously when you make a demand.

Especially with large settlement demands, insurance companies don’t give the same respect to individuals filing a claim on their own. Insurance companies nationwide recognize the reputation of our firm because we’ve helped thousands of clients and recovered tens of millions of dollars.

Having Flora Templeton Stuart Accident Injury Lawyers representing you shows the insurance company that you are serious about getting a fair settlement.

What Happens After I Reach a Personal Injury Settlement?

Once you reach a settlement, your attorney will get an agreement from the insurance company in writing. The agreement will explain the terms of the settlement, including how much you will receive and when. In many cases, an insurance company will simply write a check for the agreed-upon amount, and you will sign a release waiving any further claim in connection with the incident.

Based on the facts of your case, an accident injury lawyer can give you a better idea of how long it will take after reaching a settlement to receive your damages.

Contact a Bowling Green Accident Injury Lawyer Today

wrongful deathwrongful deathIn the aftermath of an accident, we know it is overwhelming to deal with an insurance company. Let us take care of it for you to make sure you are properly compensated.

Flora Templeton Stuart Accident Injury Lawyers has 45 years of experience helping clients recover for their injuries. Our clients receive compassionate and friendly service, and we will work with you.

If you can’t come to our offices for a meeting but still prefer talking face-to-face, we’re happy to travel to the hospital, your home, or wherever else is most convenient for you.

If you’ve been injured, get started filing your claim right away. Contact us today to schedule a free consultation.

Author Photo

Flora Templeton Stuart

Flora Templeton Stuart is the lead attorney and founder of the law firm Flora Templeton Stuart For the Injured, established in 1976. Flora goes to work every day to make a difference in her community and the lives of her clients. When you call you will get a personal representation and an attorney who truly cares.