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When is it Better to Settle a Personal Injury Claim?

When is it Better to Settle a Personal Injury Claim

What you’ll learn reading this article:

  • Most personal injury claims are settled without going to court.
  • There are several reasons why it’s often best to settle out of court.
  • With the help of an attorney, you can negotiate carefully for a favorable result.

Did you know that the vast majority of personal injury claims are settled without going to court? Over the last 20 years, McCoy & Sparks has successfully negotiated over 85% of injury claims, without having to file suit. Of those where suit has been filed, most have been settled after discovery but before trial. Only a small percentage actually make it before a jury. 

For people who have been injured, this comes as very good news. It means you likely won’t have to go through the ordeal of appearing before a judge and jury, yet you still have an excellent chance of being awarded compensation for your injuries.

Don’t Take the First Offer They Make You

There’s an art to negotiating a case. You must carefully debate back and forth while avoiding doing or saying anything that could hurt your case. A single statement could ruin your chances of getting a favorable outcome. It helps if the other side knows that you have been successful in winning trials in the locale for several decades.

In almost all cases, we never take the first offer. The initial offer is often just a lowball to see if you will go away. But an experienced injury attorney will recognize these kinds of tactics and help you follow a reliable step-by-step process to support your case and get a better – often a much better – outcome.

To improve the amount of your compensation, you much establish the liability facts that make the other side nervous. Liability is required for recovery, but liability facts that could empower a jury are very beneficial to your negotiations. Pre-suit negotiations that highlight this factor is key. If suit is required, establishing the facts through discovery – interrogatories, depositions, expert evaluations – make a significant difference. It often helps to visit the scene and look for other evidence like video camera footage or skid marks. The discovery phase fills in the blanks of what happened.

Liability is only part of the story. “Damages” are just as important. We’ll gather your records from the EMS provider, emergency room, doctor’s visits, plastic surgery, physical therapy, and anything related to your pain and suffering. The full amount of your damages may come as a surprise to both you and the other party, but McCoy & Sparks will show why the amount is fully justified. We are one of the few firms in the area to have a full-time legal nurse consultant on staff to help us understand the full extent of your injuries.

Why is Settling Sometimes the Best Option?

Lawsuits can be stressful and time consuming. Settling can mean you get a good deal without the extra time and stress of going to court. Our attorneys show the other side that you’re prepared to go as far as is necessary to get fully compensated. We have a proven track record. That alone could be enough to make insurers treat you fairly in negotiations.

Having an experienced negotiator makes a big difference. Knowing what makes an offer fair takes experience and insight – not the type that comes from sitting behind a desk hundreds of miles away and never having been to court in the County where the accident took place.

At McCoy and Sparks, we put your interest first. To settle or not to settle is the clients call, but it isn’t a call that should be made without expert help. Being fully informed is the key, and we pride ourselves in helping you make the right decision.

Take Action and Hold the Right Person Responsible

Don’t wait too long after an injury to file a personal injury lawsuit. In Kentucky, these lawsuits have a statute of limitations. Wait too long, and you could lose your opportunity to seek compensation. Many claims are controlled by a one-year period. Others have a two-year period. Some claims require action even earlier than one-year. If you are injured, consult a lawyer as soon as possible. 

Choose an attorney who has experience with Kentucky personal injury claims and understands the level of compensation you deserve. Choose someone that understands the local area. A good attorney takes the time to get to know you personally and review the unique details of your case, so you’re both fully prepared to get the best outcome possible.

Trust McCoy & Sparks – Premier Personal Injury Attorneys in Nelson County

Recognized as Nelson County’s best law firm for over a decade and counting, McCoy & Sparks works to help people in trouble, representing thousands of clients in Central Kentucky with a focus on providing premium service and delivering superior results. Regardless of the type of case, our goal is to develop a strategy that best serves your personal needs, then draw upon our courtroom skills to help you reach the best possible result. We start by getting to know you. Next, we will explain all your options, giving you the pros and cons of each choice so that you will be empowered to make informed decisions. You owe us nothing unless we recover compensation for you. Make the right call to 1-844-4KY-WINS for a risk-free consultation with one of our attorneys today.