You’ve been the victim of a work accident or injury and the insurance company wants you to settle. They are offering you money today if you just sign on the dotted line. Should you take the offer, counteroffer, or pursue your day in court?
There isn’t an easy answer to this question.
Advantages of a Settlement
There are two main advantages of accepting a settlement.
The first of those advantages is time. Taking a case to court can draw it out for months and often years. Signing the settlement gets you cash in hand sooner.
The second advantage is that, once you sign, you are guaranteed to get the money agreed upon. If you take the case to the court there is always a chance you will lose your case or that the amount you are granted will be less than the settlement offered.
Disadvantages of a Settlement
Sometimes the terms of a workers compensation settlement aren’t fair. The settlement may only pay for items and services that you have a bill and receipt for such as medical bills.
Settlements don’t always account for other types of damages. These damages are subjective and often aren’t provable with a receipt. They are things such as disfigurement, pain, and suffering.
A settlement also may not take into consideration future care you may need for your injury. Additionally, the settlement may not take into account all parties who may legally be responsible for the injury.
How Can I Decide?
No matter what you think of the settlement, it is smart to consult with a personal injury attorney. You can often get free lawyer advice which can help you decide what is the best decision for you.
During your free lawyer consultation, your personal injury attorney can walk you through the strengths and weaknesses of your case. They can decide if the amount you are being offered is fair based on the injuries you suffered and your prognosis. If you are likely to need continued care for your injuries that must be taken into account as well.
Your personal injury attorney can also look at the other party’s actions to determine the extent of fault and whether the settlement reflects that.
All of these considerations must be factored in before you decide whether a settlement is the best course of action for your case.
An experienced personal injury attorney can help determine if the settlement is a fair one. If it isn’t, they can assist you in creating a counteroffer and, when necessary, filing your case with the court system.
If you wish to get free lawyer advice about your settlement offer, and you reside in the Long Island, Queens, Nassau, or Suffolk areas of New York, Robert Golan can assist you. He is an experienced personal injury attorney who can help you assess your settlement offer. Call today for a free lawyer consultation at (516) 586-3910.Share This