For many, the process of a trial by jury is not necessarily the desired route to take in a medical malpractice suit. The damages of malpractice can drastically alter one’s life and future. Here are some ways to avoid a trial and leverage your settlement.
Have an Amount in Mind
The biggest suggestion we have for those who are in this unfortunate situation is to make sure you have a settlement range in mind. Do not go below your lowest acceptable amount. Work with your attorney by putting together your demand letter. What do you believe your claim is worth? How much time, money, and energy were exhausted because of this situation? You must keep all of this in mind when you come up with a figure.
You will want to keep your personal low in the back of your head throughout the whole process. However, it doesn’t need to not change. You can leverage more during the process. An adjuster may remind you of specific facts that may make your claim weaker or stronger. You can revise based on what these professionals suggest.
Stay Calm During Adjustments
If the insurance adjuster comes back with something lower than expected, don’t worry. There are tactics to respond to a low settlement offer. You don’t have to accept the first offer. They may be using tactics initially to see how you respond. It may be reasonable, just not enough to compensate. When they come back with offers, you need to have them explain the reasoning behind the adjusted amount. Take notes and write how to respond to each. A great attorney will help you through these processes.
Leverage Pain Points
When you are working with the adjuster, make sure you express the emotional pain points as well. Explain the fault of the defendant, the responsibility of the defendant and insurance provider, the physical damages, and the costly medical expenses and lasting injuries, if any. All of these are worth compensation. Pain and suffering are difficult to put an amount on. And no amount of money can really make up for it. Make sure you emphasize this in your rebuttal.
You may have experienced other suffering as well. Many people are not able to return to their previous jobs or careers due to pain or a new disability. It may make daily tasks more difficult. You might not be able to take care of your children, make dinner, or grocery shop like you once did. These things should all be considered when you reply to a low offer.
Respond in Writing
Even if the ultimate goal is to settle outside of court, you should put everything in writing. This will help you stay organized and respond professionally. You can outline your pain points and reasoning. Once an offer is agreed upon, immediately confirm the terms in a short letter to the adjuster. You only need a few details in the letter. Reiterate the agreed-upon sum, the injuries that are being covered by this, and the date when you are expected to receive your settlement.
Have the Right Attorney
Those that specialize in your specific type of case should be the ones that represent you. Great attorneys can tune into situations that you, as the plaintiff, may not understand or be aware of. You’ll need someone who can problem-solve for you. They will be able to see what the defendant and insurance adjusters are planning to do and come back with negotiations that will bring you closer to your end goal.
Your attorney will keep you in check and have the proper demeanor throughout the entirety of the suit. A huge red flag would be hiring someone who doesn’t know how to handle their emotions. They will work with the other team to find common ground instead of pushing back with harsh words and demands. The best way to make sure you have the right person in your corner is by completing proper research. With the right attorney, you can be sure to end this battle satisfied.