When negotiating a final settlement for your case, there are two main factors to consider:

  1. What would a jury award in my case?
  2. How much will it cost me to get there?

First, when you settle your small personal injury case on your own, you save the typical 25% attorney fee that we charge in these cases.  Second, you also avoid the expensive fees that doctors charge to come to trail to testify. Why are these important? Well, if you are considering the second factor, you might want keep in mind both of these fees that you are “saving” when you settle your case. Why?  Mostly because you may be able to settle your case for “slightly less” than the actual “value” from a jury, but still manage to pocket more money for yourself.

Now comes the part where you deal with your insurance company. Once the insurance adjuster receives your complete package and your demand letter, they will typically evaluate the case and get back to you with an offer. Sometimes they may ask for additional records that they need or want to obtain. You should always put a deadline in your letter, which typically is around 30 days. Keep in mind the statute of limitations when you are thinking about your case. The insurance adjuster isn’t required to remind you of your deadlines!

Next, once the insurance company makes an offer, you can negotiate with them. The fact is, most companies aren’t going to give you their top dollar the first time.  To be honest, the insurance company is actually at an advantage at this stage of the case, because they have a good idea of how much you case Is worth in front of a jury. You, on the other hand, probably don’t.  This fact alone is one of the “unknowns” of attempting to settle your case on your own without any advice or input from an experienced Board-certified, personal injury attorney. However, for most small cases this cost is worth it.

Have more questions? Check out GetItSettled.com to find more answers!

Ben Glass
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Ben Glass is a nationally recognized Virginia injury, medical malpractice, and long-term disability attorney