Should You Accept the First Offer in a Personal Injury Claim?



Some people may feel that they will be among only a few people who file a personal injury claim if they move forward with pursuing compensation after a personal injury. They may feel that there are uncertainties associated with filing personal injury claims, and that there are challenges associated with knowing how to proceed after being involved in an accident, even though someone else caused the accident.

Should You Accept the First Offer in a Personal Injury Claim

The truth is that the number of personal injuries increased at a time when many people would likely assume that the number of people who were injured or killed as a result of a personal injury would decrease. Contact the trusted team at Goodman Acker, where the attorneys have more than 150 years of combined experience, for a case review and to learn how we may be able to help you obtain the compensation that you deserve for your personal injury claim.

What is a Personal Injury?

Although personal injuries are often associated with motor vehicle crashes, there are many types of personal injuries. Some are more common than others, but that does not take away from the fact that you may have a personal injury claim if you experienced another type of personal injury because of the negligence or intentional acts of another party. The American Bar Association explains this by indicating that negligence extends “far beyond” the personal injury claims that result from car accidents, and that negligence is the basis for most types of personal injury claims.

Negligence is not the only basis for personal injury claims. Strict liability claims hold the designers and manufacturers of products strictly liable for the injuries that an individual receives from a defective product. Strict liability claims do not depend on intent or actual negligence. The injured party does not have to prove that the manufacturer or designer of a product intended to cause harm. A party may be found to be liable for injuries and for the damages in a personal injury claim related to strict liability.

Intentional wrongs are another basis for personal injury claims. A person may have personal injuries that occur when someone plays a prank on them that goes wrong, or if someone pushes an individual or hits a person and the person experiences injuries.

The person’s injuries may not come solely directly from the force of a blow, but may occur because of other injuries such as hitting their head when they were knocked to the sidewalk. Intentionally causing other injuries to an individual can possibly result in a valid personal injury claim being filed against the individual who committed the intentional wrong. Personal injuries can cause life-altering changes that deeply affects a person and that affects their quality of life. Speaking with an experienced personal injury lawyer who knows the law and the different types of personal injuries can potentially help clients to recover damages for their injuries that were caused by another party.

Some types of personal injuries include:

  • Car crashes
  • Slip and fall injuries
  • Pedestrian injuries
  • Injuries that occur while riding a bicycle
  • Dog bite injuries
  • Medical malpractice or medical misdiagnosis injuries

Other types of personal injuries where people may be able to file a claim against the at-fault party include:

  • Injuries caused by defective products or defective product design
  • Premises liability
  • Truck or motorcycle injuries
  • Nursing home abuse or neglect
  • Injuries that result in wrongful death
  • Injuries caused by hazardous drugs

This is not an exhaustive list of the types of personal injury claims that experienced attorneys can help their clients win. The attorneys at Goodman Acker, who have a 99 percent success rate of winning cases for their clients, represent clients in a variety of personal injury claims, and strive to help them recover the best possible compensation. We know that personal injuries occur for a variety of reasons and will work hard to make sure that the other party is held responsible for your personal injuries.

Reasons for Recent Increases in Personal Injuries

People may easily assume that they are less at risk of becoming a victim of a personal injury when there are fewer people driving on the roads. The fact is that the data shows the opposite recent trend. The National Highway Traffic Safety Administration (NHTSA) recently revealed that although people recently drove less, the U.S. experienced the largest increase in fatalities related to motor vehicle crashes since 2007. There were an estimated 36,680 deaths in 2020 that were related to motor vehicle crashes, which represented a 7.2 percent increase over the previous year. The number of fatal crashes that occurred in 2020 increased on interstates, on local roads and on rural roads. The number of fatalities also increased among motorcyclists and among people who were on bikes during the same year.

The National Highway Traffic Safety Administration describes some primary behaviors that drove the increase, including speeding and impaired driving. The agency stated that drivers engaged in more risky behaviors, such as extreme speeds.

Slip and fall injuries are a type of premises liability. Winter time may bring an increase in the number of slip and fall personal injuries in some areas. Snow and ice presents dangers for both pedestrians on walkways and for motorists in driveways or parking lots. Wet floors, slippery floors or cluttered areas present a risk of a trip or a slip and fall personal injury. There are other common factors that may contribute to a slip and fall personal injury, such as poor lighting in a business or parking lot.

The National Institute for Occupational Safety and Health (NIOSH) indicates that trips, along with slip and fall injuries are among the common causes of injuries in retail stores. Do not hesitate to reach out to a legal team who has experience in representing clients in slip and fall personal injury claims. The attorneys at Goodman Acker can help you determine if you have a personal injury case that is related to a slip and fall injury.

What Type of Damages Can I Recover from a Personal Injury Claim?

Individuals who recover damages in a personal injury claim may be able to receive compensatory and punitive damages. Compensatory damages compensate the person for their damages, injuries and other costs. Some examples of economic compensatory damages that a person may be awarded include the costs related to medical bills, lost wages, rehabilitation and therapy, transportation costs to and from medical appointments and the costs of prescriptions. The amount of the compensation may also cover the costs of future lost wages or future medical costs.

Noneconomic damages that a person may recover in a personal injury case include compensation for pain and suffering, mental and emotional distress, compensation for loss of companionship and because of experiencing a loss of joy in activities that the injured party once enjoyed before the personal injury. Courts may consider disfigurement that results from the personal injury.

Punitive damages are damages that the court awards when the individual or company is found by the courts to be grossly negligent, reckless or malicious in their actions or lack of actions that led to the personal injury claim. Punitive damages are not the same as punishment received in a criminal court case. Personal injury cases are civil disputes and are not heard in the criminal courts.

Should I Accept the First Offer in My Personal Injury Claim?

The attorneys at Goodman Acker understand that the emotional trauma that you experience may add to the physical trauma of a personal injury. There are medical bills to pay, the household expenses start to add up, and you just want your life to get back to normal. The stress and emotional distress may lead you to think that accepting the first offer made in your personal injury claim is the best option. Should you accept the first offer made by the insurance company of the other party? The answer is “no,” you should not accept that first offer that you received from the other party during the negotiation process of trying to settle your claim. There are several reasons to continue negotiations after the other party makes an initial settlement offer in your personal injury claim.

The first reason to reject the first offer made on your personal injury claim is that the other party’s insurance company is going to present a low offer, hoping that you will accept it right away. They know that you likely just want the matter to go away and return your life to as near normal as possible. Remember, the other person’s insurance company and their attorney are not representing your best interests. They want to pay out as little as possible for your personal injury.

Let an experienced legal team fight to get you the highest compensation possible, considering the specific details of your claim. The attorneys at Goodman Acker have the expertise to fight for the maximum award possible in each personal injury claim. The attorneys understand the uncertainties and the anxiety that clients may feel as they try to return to having a sense of normalcy in their lives. The lawyers realize that there is actual research that demonstrates the effect that the personal injury compensation process may have on a person.

Researchers discovered that study participant involved in the compensation process may experience a negative impact on their health. One important fact to recognize is that the people involved in a personal injury claim process consider the interaction with attorneys to be fairer than the interactions with insurance companies. The hardworking attorneys at Goldman Acker always take pride in working with each of their clients to maximize the compensation award that their clients receive that will help them to reach the best possible outcome in the personal injury claim.

How Much Compensation Will I Receive for my Personal Injury Claim?

Attorneys who have experience representing clients in personal injury claims know that each case is different, even if the case involves the same type of personal injury. There are different aspects to every motor vehicle crash, every slip and fall injury case, and for every personal injury claim involving a defective product. That means that there is no one quick answer regarding the exact amount of compensation that you may receive for your personal injury case.

The amount of damages that are awarded in a personal injury claim varies, and is based on several factors. Some factors taken into consideration include the seriousness of your injuries and the type of injuries, the current and future medical needs and their related costs, and the anticipated rehabilitation time. The amount of the compensation award will also be based on the prognosis given to the injured individual, including whether the person will be able to return to work, or if the individual has a permanent disability because of the injuries caused by the negligence of the other party. The courts also consider factors related to a wrongful death when determining the amount of compensation that is awarded in an individual personal injury case.

The best way to determine how much you may receive for your personal injury claim is to regularly have discussions with your personal injury attorney. Make sure that you follow the instructions that the attorney gives you, including not talking to anyone from the insurance company or from the legal team representing the person or company who is at fault for your personal injury. Any statements that you make may be brought out during negotiations or actions related to your personal injury claim.

Help your attorney work towards obtaining the highest compensation for your personal injury claim by taking other steps, including not discussing details of your personal injury claim on social media. You cannot discuss details of your personal injury, details of your attorney’s strategy or other details on social media platforms and expect that those posts will not come back to you during court proceedings or the compensation negotiations process.

The attorneys at Goodman Acker have experience in determining how much each case is worth and how to fight for their clients so that they do not get stuck with the lowball offers that may be made by the other party just so that they can quickly settle the case with as little compensation as they can possibly pay out for the personal injury claim.

Why Should I Hire Goodman Acker to Represent Me in my Personal Injury Claim?

Individuals who are injured because of the negligence or intentional harm caused by another person need a legal team that has extensive knowledge of personal injury law. We have more than 150 years of combined experience that we will use to answer your questions, become familiar with the specifics of your particular personal injury, obtain evidence, records and reports to develop your case and fight for you.

The attorneys at Goodman Acker have a proven record of fighting for the best possible outcome for their clients. If we do not believe that the results of the settlement negotiations are successful and that the amount offered by the other party is acceptable, we will file a lawsuit to help you get the compensation that you deserve for your personal injury.

We take the time to explain every step of the process to each client who has a personal injury claim before we start the process of negotiation, settlement or taking a personal injury case to the courts. The experienced attorneys at Goodman Acker are familiar with courtroom proceedings in the event that your case is not settled before it reaches the courts. Our attorneys are not afraid to negotiate back and forth with the at-fault party’s insurance company or to pursue your personal injury claim in the courtroom. We maximize compensation awards for each of our clients to make sure that clients receive the best possible compensation package for their injuries.

The results of the study published on the National Library of Medicine website indicated that procedural justice was “found to be positively correlated with quality of life.” Goodman Acker focuses on their clients to help them receive the best possible settlement or outcome of their case, and to help clients realize their best possible quality of life after their personal injury. We realize that your personal injury affects every part of your life, including your family. We understand the difficulties that you experience in your daily life, and as you look towards the future. You are not in this fight alone. We devote our full attention to every client and to every case, realizing that no two personal injury cases are the same. We focus on our core values and work diligently to demonstrate that we are honest, ethical and trustworthy in all our dealings with every client.

Choose an experienced team that has a 99 percent success rate in winning cases for their clients, including some cases with million-dollar results. Every case may not have a compensation value of a million dollars, but every client can count on the attorneys at Goodman Acker to get the best possible compensation and case resolution.

 

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