Settlement Negotiations in a Construction Accident
Key Takeaways:
- Most personal injury lawsuits reach a settlement before they go to trial.
- Your attorney can give you legal advice, but the decision to accept a settlement offer is up to you.
- As a lawsuit gets closer to trial, it is more likely that the case will be settled.
Construction is dangerous work. The construction industry has some of the highest rates of workplace fatal accidents. Some workers are covered by workers’ compensation for construction site accidents. Other construction accident victims can recover damages through personal injury claims.
When you file a construction accident claim, the insurance company may offer a settlement to resolve the case. A settlement agreement can be a way to make sure you get compensation without having to go through a trial. But before you accept a settlement, talk to a construction accident lawyer.
What Is an Injury Accident Settlement?
In a personal injury case, as the injury victim, you are seeking monetary damages for your losses. You file a personal injury lawsuit against the at-fault party. At any time, you and the defense can negotiate an accident settlement to settle the claim. The claim may request damages to pay for your losses, including:
- Medical expenses
- Lost income
- Pain and suffering
- Emotional distress
- Property damage
A settlement is an agreement to release your legal claims in exchange for an amount of money. If you get a fair settlement offer, you can release the defendant from a personal injury law claim, and that is the end of your injury claim. Most personal injury cases settle before they go to trial.
How Do Settlement Negotiations Work?
The settlement negotiation process begins with the initial demand letter. After a construction site accident, your attorney may contact the construction company, insurance adjuster, or at-fault party to provide notice of your claim. The construction company or insurance provider may make an initial offer.
The first offer may be too small to accept, and your attorney can make a counteroffer. Over time, the settlement process can go back and forth, until they reach an agreed amount.
Coming to the right settlement amount can take time. At the beginning of the case, the parties may not have a full picture of the case. The claims adjuster may not know how strong your case might be, so they will offer a lower amount to try and quickly resolve the matter and save money.
As the case moves on and the parties exchange medical records, information about the case, and other evidence, the parties may have a better idea of the value of the claim. As the case gets closer to trial, the case will be more likely to settle.
Can My Lawyer Agree to a Settlement if I Don’t Agree?
Generally, no. Your lawyer cannot make you settle your case if you don’t want to. Your attorney will give you legal advice about the offer. Your lawyer may strongly recommend you accept an offer. Your attorney may even warn you that if you reject the offer, you may end up getting less. However, the final decision is up to you.
An experienced lawyer generally has a good idea of how much a case might be worth. They will have experience with cases like yours. Your attorney can understand the strengths and weaknesses of your case. This all goes toward the settlement estimate. If your attorney recommends accepting a settlement amount, you should strongly consider their legal advice.
Can I Get More Money at Trial?
You could get more money by going to trial. However, you could also get less. You could even lose your trial and get nothing for your injuries. Jury trials are unpredictable. Even if you have a strong case, the jury could focus on one part of your case and use that to deny your claim.
There are many benefits to settling the case and avoiding a trial. A trial can be expensive and time-consuming. It takes a lot of time to prepare a case for trial, including pre-trial motions, paying for medical experts and expert witnesses, and preparing exhibitions for the jury. All these costs can reduce the amount you can recover at the end of the trial if you win.
A civil court trial is also a stressful experience. As the plaintiff, you will be subject to harsh treatment by the construction company and the insurance company representatives. They may try to make it seem like you were careless and responsible for your own accident.
How Can a Construction Accident Attorney Help?
If you are injured in a construction site accident, schedule a free case evaluation with a construction accident lawyer to talk about your case. An experienced attorney can explain the personal injury settlement process and what you can expect. Your attorney can also explain the types of damages and the value of your claim.
Injured in a Construction Accident?
Experienced lawyers in our directory know what it takes to be successful in complex construction accident lawsuits. Get the help you need today.
At LawInfo, we know legal issues can be stressful and confusing. We are committed to providing you with reliable legal information in a way that is easy to understand. Our pages are written by legal writers and reviewed by legal experts. We strive to present information in a neutral and unbiased way, so that you can make informed decisions based on your legal circumstances.