A Report on Personal Injury Settlement Including
The Process, Evaluation, and Negotiation

If you are thinking about the possibility of pursuing a personal injury settlement, you may be wondering:

• When should my personal injury attorney work to obtain a personal injury settlement?
• What will my personal injury attorney do to insure that I receive fair and just compensation?
• How will my personal injury attorney and the insurance company determine the value of my claim?

The goal of an experienced Massachusetts personal injury attorney is to obtain fair and just compensation for his clients. Sometimes this is achieved through a personal injury settlement.

The following is a description of what the attorney will do to achieve a favorable personal injury settlement:

Process: Your personal injury attorney will fully investigate your claim; obtain medical records, bills and loss wage information; he will contact the insurance company and research any legal or medical issues.

Evaluate: Once you have reached an end medical result (which means that you have fully recovered, or your doctor determines that your condition will not improve with further treatment and you are permanently disabled), your attorney will review your entire file including all documents concerning liability and damages, and evaluate your personal injury claim.

Demand: Your attorney will prepare and mail a demand package to the insurance company which will include copies of investigative materials, medical records and bills, loss wage information, and a demand letter. The demand letter will discuss liability, damages, the amount of the demand, and a time within which to respond to the demand.

Lawsuit: If your case is not settled, your attorney will aggressively litigate your claim and, if necessary, go to trial. The willingness to litigate a claim and go to trial often results in more reasonable settlement offers from insurance companies.

When evaluating a personal injury claim, your attorney will consider the following factors:

Your character: Your character, background, and credibility;

The defendant’s character: The defendant’s character, background, and credibility;

Liability: The facts as to how you were injured and who was responsible;

General Damages: The nature, extent and duration of your injuries, including (these are called general damages):

• Physical pain and suffering
• Mental and emotional pain and suffering
• Permanent injuries
• Loss of enjoyment of life
• Aggravation of a pre-existing condition.
• Loss of consortium (relationship with family members)
• The treatment you underwent including any tests (x-rays, MRI, CAT Scan, EMG), physical therapy and/or surgery.

Special Damages: The amount of your medical expenses and loss of earning capacity (these are called special damages).

Insurance: The amount of insurance available to cover your loss and whether there may be any other source from which you may receive compensation.

Experience: Your personal injury attorney’s experience in evaluating, settling and trying similar cases.

Demand: Your attorney figures the amount of the demand by calculating the sum of your special damages and adding that amount to the value of your general damages.

The insurance company will assign an adjuster to handle your claim. He will likewise investigate and evaluate your personal injury claim. Depending on how he views liability, he will either deny your claim or respond to the demand with an offer.

Your personal injury attorney and the insurance adjuster will discuss liability and damages and exchange numbers in an effort to negotiate a personal injury settlement.

Negotiating a personal injury settlement can be described as a relatively easy task, challenging or difficult depending upon the nature of your claim and the parties involved in the negotiations.

In addition, the timing of a personal injury settlement varies. Personal injury claims are settled prior to filing a lawsuit, after the filing of a lawsuit but before trial, and during a trial. Generally, the prospect of a trial motivates the parties to seriously consider the merits of a settlement. Your attorney should keep you informed and advise you throughout the negotiations. You will decide whether to accept the insurance company’s offer, file a lawsuit, or go to trial.

Achieving a favorable result in a personal injury claim requires hard work, attention to detail, careful consideration of the factors discussed above, and, above all else, maintaining your credibility. If an adjuster, judge or jury determines that you were less than truthful, the value of your claim will sink like a lead balloon.