Do You Have To Accept An Injury Settlement?

24 November 2020
 Categories: Law, Blog


When filing an injury claim, reaching a settlement is the ideal scenario. There are, however, some circumstances where it might not be wise to settle right away. Clients are right to wonder whether they have to accept settlement offers. Take a look at what an injury attorney will have to say about accepting a settlement.

Must You Settle?

In the strictest sense, you don't ever have to accept an offer. However, this doesn't mean you have an unlimited right to push for a lawsuit, trial, and jury judgment. If you repeatedly refuse a settlement and go to court, one of the first things the presiding judge will ask about is whether the two sides have made good-faith efforts to reach an agreement. When it appears a claimant has pushed the issue in bad faith, the judge may order further negotiations.

The Insurance Company Made a Quick Offer

Especially if you haven't had the benefit of talking it over with a personal injury lawyer, it's wise to hold off on acceptance. Contact an injury attorney and provide them with the details of the offer. They can then help you decide whether the settlement is worth taking or you should push for a better deal.

Reaching Maximum Physical Recovery

Another factor that every personal injury lawyer cares about is seeing that their clients reach maximum physical recovery. This means that your body has bounced back from the incident as much as reasonably possible.

An injury attorney wants to see this if at all possible because a client only can settle a case once. You won't be able to sue for more money down the road if it turns out, for example, that what a doctor thought was nerve damage was actually a spinal issue.

It's not always possible to reach maximum recovery before settling a case. The statute of limitations, for example, might force you to file sooner than you'd like. However, it's best to hold off on a settlement until you're close to the statutory limit or your doctors are sure they've found every problem.

Pressure from the Insurance Company

An insurance company usually wants to get a case off its books as soon as possible. Consequently, they may repeatedly call you about settling your case. One reason for hiring a personal injury lawyer is to refer these calls to your attorney. If an insurer insists on repeatedly making offers, your lawyer can field those inquiries and then relay the specifics to you. This can save you a lot of stress.

For more information, contact a personal injury lawyer today.