The vast majority of personal injury lawsuits are settled before a judge issues a ruling on the matter, but that certainly doesn’t mean that everyone agrees to the first settlement proposal. In many instances it is in your best interests to turn down an initial settlement offer, but once you’ve done that, what are the next steps you should be taking? In today’s blog, we talk about the next steps you should take after turning down a settlement offer.
What To Do After Declining A Settlement Offer
If you’ve opted not to agree to the settlement offer that the insurance company is offering, here’s what you should be doing as soon as you’ve made the decision.
Review All Aspects Of The Offer – In order to determine where your leverage exists and how to best submit a counteroffer, you really need to understand the initial offer you received. Odds are there are certain areas where you believe you are entitled to more compensation, so figure out where your opportunities exist. If you believe the insurance company doesn’t understand the full scope of your injuries or they are leaving out legitimate claim aspects, make notes and be sure to push for these benefits in your counter offer.
Consult With Your Lawyer – If you don’t have a lawyer yet, now is absolutely the time to bring one aboard. If you do have a lawyer by your side, it’s helpful to sit down with them and talk about the offer and your counter offer. Make sure that your lawyer knows what is most important to you. Whether that’s fair financial compensation, assurances for long-term medical care or the inclusion of replacement services or job retraining in your compensation package, let your lawyer know what you need in a settlement in order to sign on the dotted line.
Craft A Counter Offer/Demand Letter – Within a reasonable amount of time, you and your attorney will want to create a counter offer or a demand letter for the insurance company. This demand letter effectively showcases what it will take for you to agree to a settlement. If the insurance company agrees to your offer, that will mark the beginning of the end of your case. The insurance company may decline the offer and prepare for trial, or they may offer another counter based on the demands in your offer. Don’t assume the insurance company will always be the one putting forth an offer. After you decline an offer, show them where your head is at by submitting a counter offer or a demand letter of your own.
Prepare For Trial – Finally, if you decline an offer and negotiations end up coming to a standstill, you’ll want to begin preparing for a trial. Again, this process is much easier if you have an experienced workers’ compensation lawyer by your side. You and your lawyer will want to make sure that you have facts and figures to support any arguments you’ll make before a judge, so review the facts of the case so that your case carries more water than the insurance company’s case. You and your lawyer can also sit down and cover some of the expected questions you may face during trial so that you are better prepared to give helpful statements when questioned in court.
If you do all of the above and trust your injury case to the team at Hey Workers, we’re confident that you will be putting yourself in a favorable position to earn a satisfactory award. For more information, or for answers to specific questions you have about a personal injury or workers’ compensation case, reach out to the team at Hey Workers today at (844) 439-9675.
