Sending settlement offers and counteroffers back and forth can seem like a nightmare to victims in Pennsylvania. So, how can you respond to a low settlement offer in a way that makes the opposing side listen?
When evaluating and responding to low settlement offers in Pennsylvania, our lawyers will carefully review your damages, both financial and emotional. In order to respond to a low settlement offer, you must be able to identify it as low. If a response is necessary, we will support our request for greater damages with additional evidence of negligence and your losses. In general, going to court gives victims the opportunity to claim greater damages than settling. If a negligent party does not fairly consider your response to a low settlement offer, you can proceed with a trial in Pennsylvania. Doing this could allow you to recover damages for pain and suffering as well as other compensation.
To schedule a confidential and free assessment of your case from our Pennsylvania personal injury lawyers, call The Reiff Law Firm now at (215) 709-6940.
Responding to Low Settlement Offers in Pennsylvania
If you are presented with a low settlement offer following an accident in Pennsylvania, you might assume that that’s all your claim is worth. In reality, the way you respond to this initial offer might dictate the course your claim takes.
While going to court can result in greater damages for victims in Pennsylvania, entertaining settlement offers can help you see what your claim is worth and be a valuable experience for the future. As a general rule, initial settlement offers are low and do not fully compensate victims for their damages. When responding to a low settlement offer, our lawyers will draft a demand letter containing a counteroffer and our reasons for requesting certain damages.
Such requests and negotiations will be backed up with compelling evidence. Often, when faced with a mountain of evidence in a victim’s favor, other parties will be more inclined to settle at a higher amount instead of risking being held liable for more of a victim’s damages in court.
The most important thing to remember when responding to low settlement offers is to keep your cards close to your chest. If you show too much emotion during settlement negotiations or otherwise indicate that you need compensation immediately, that might work against you. Allow our Philadelphia personal injury lawyers to respond to settlement offers and handle all negotiations so that recovery goes as smoothly as possible for you and your family. Responding to settlement offers can take time, so be patient during this process.
When to Respond to a Low Settlement Offer in Pennsylvania
In order to properly respond to a low settlement offer in Pennsylvania, you must be able to differentiate good settlements from bad ones. Our lawyers will calculate your actual damages to confirm whether or not a settlement offer is appropriate.
Low settlement offers are those that do not fully compensate victims for the damages they have incurred because of a negligent party. For example, while an initial settlement offer might cover all your medical expenses, it might not cover all your lost wages. Furthermore, first settlement offers rarely include compensation for non-economic damages in Pennsylvania.
Using records of your financial damages, our lawyers will compare settlement offers to your total losses to confirm if they are appropriate. You should hand over records of your losses so that the other side has some basis for its offer. This will include records of your medical damages and other out-of-pocket expenses you have incurred because of your injuries.
Chances are, the first offer you are presented with will not be fair. If you do not consult our lawyers before accepting a low settlement, you might not realize that it is insufficient. Should this happen to you, you will be unable to pursue further compensation against a negligent party in Pennsylvania. While settlements can be somewhat restricting to victims regarding recovery, offers should still be carefully weighed and considered in the rare case that they are appropriate.
Can You Respond to a Low Settlement Offer by Going to Court in Pennsylvania?
Because settling out of court might limit your recovery for an accident, our lawyers typically encourage victims to go to trial in Pennsylvania. Responding to a low settlement offer by going to court shows that you are committed to your recovery and to proving the other party’s negligence.
You can choose to go to court at any time before accepting a settlement offer in Pennsylvania. This means that if you are entertaining settlement negotiations, but they are not progressing, and you are not being met with a fair offer, you can proceed with a trial.
While this can be understandably daunting for victims, it can be a positive thing. At trial, you will be given the opportunity to present all of your evidence of negligence as well as proof of your damages. Pennsylvania does not limit recovery of non-economic damages in personal injury claims, including medical malpractice claims, meaning you might be able to recover compensation for pain and suffering as well as compensation for your financial damages.
Furthermore, when the possibility of punitive damages is on the table, going to trial might be the best way to respond to a low settlement offer. Punitive damages are only accessible to those who have been victims of gross negligence. If a defendant’s gross negligence is clear in your case, you may be able to recover substantially more compensation by going to court than settling your case without a trial in Pennsylvania. This can also be used as leverage during settlement discussions.
Call Our Pennsylvania Lawyers About Your Injury Case
You can call The Reiff Law Firm’s Montgomery County personal injury lawyers at (215) 709-6940 to get a free case analysis.
