Tried And True Attorneys Standing Up For The Injured Since 1965

Photo of Craig R. Fishman
Photo of Craig R. Fishman

Tried And True Attorneys Standing Up For The Injured Since 1965

Three key mistakes in car accident settlement negotiations

On Behalf of | Feb 5, 2025 | Car Accidents |

Most personal injury cases result in settlement. That said, as you navigate the aftermath of your car accident, you need to act as if your case is going to trial. Thorough preparation of your claim will give you a stronger position at the negotiating table, and you won’t be taken by surprise when the defense presents their position. That might sound simple enough given the unique facts of your case, but the reality is that car accident victims often make mistakes when engaging in settlement talks. The result is sometimes a poor outcome that leaves them without the financial resources necessary to secure a robust recovery, maintain financial stability and reclaim their normal life.

You can’t afford to let that happen to you. That’s why in the remainder of this post we want to look at some commonly made mistakes that could prove detrimental to your positioning during settlement negotiations. By being aware of these weaknesses, you can better ready yourself for the process ahead.

Mistakes to avoid when negotiating a personal injury settlement

Proving liability and damages in a personal injury case might seem easy, but things can quickly become more complicated than you expect. That’s why it’s crucial that you keep the following errors in mind so that you can proactively work to avoid them:

  1. Misunderstanding your medical condition: Accident injuries can have significant long-term implications. You need to be able to demonstrate this if you want to maximize the damages that you recover from your claim. But if you minimize the harm that’s been caused to you, or if you fail to seek out thorough medical care, then you’ll be left with a record that doesn’t support the compensatory recovery you need. So, be diligent and thorough in seeking out testing and treatment and ensure that you have a full understanding of the extent of the harm that’s been caused to you.
  2. Jumping on an initial offer: The first settlement offer might seem like a significant sum that you should snatch up before the offer is withdraw, but you need to slow down and think through whether the offered amount is appropriate considering the circumstances. Far too often accident victims settle their cases too quickly, cutting themselves off from the larger settlement that they deserve and that they could’ve gotten with a little more work during settlement negotiations.
  3. Overlooking case weaknesses: When you sit down to negotiate, the defense is likely going to highlight the weaknesses of your case. While you shouldn’t take the defense at their word since they’ll try to pain you in the worst light possible, you need to have a command of the facts so that you know where your case is vulnerable. This will give you a better idea of your likelihood of success should you take your case to trial, which in turn allows you to conduct a better risk-reward analysis.

There are, of course, other mistakes that can be made along the way. So, be sure to discuss the intricacies of your case with your attorney so that you know how to best protect your interests.

Are you ready to develop a strong personal injury claim?

If so, then be sure to continue reading up on the applicable legal standard and gathering evidence to support your position. Remember, preparation is key, so don’t skimp on readying yourself for the road ahead, whether that involves negotiations or all out litigation in court. Hopefully then you’ll be able to secure the outcome that allows you to successfully recover from your injuries and get back to your normal life.

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