Thankfully, most personal injury claims are relatively straightforward, with data suggesting over 95% of cases are settled amicably without the need for court proceedings or extensive legal costs.
However, from a legal and administrative perspective, injury claims can be a minefield, with countless variables needing to be addressed if you wish to benefit from the desired outcome. In this case, a reasonable settlement figure.
That’s why working with trusted, reliable personal injury lawyers isn’t just recommended; it’s a necessity if you want to avoid the stresses of potential mishaps as your case moves along. At St Helens Law, our team of personal injury lawyers ensure you’re armed with all the evidence and support you need to see a positive outcome.
With this in mind, let’s examine personal injury settlements more closely, why you should always seek legal advice from trained professionals, and where things could go wrong without proper representation.
Common issues that can arise in personal injury settlements
In an ideal world, if you’ve been the victim of an injury that was not your fault and you wish to claim against the guilty party (and their insurer), you should move through the relevant stages towards a settlement without fuss.
But it’s not always smooth sailing. Here are just a few things that could work against you:
A low settlement offer
Insurance companies don’t always offer an appropriate amount in the first instance, and they may try to “low-ball” you in the hopes you’ll accept without hesitation.
Disputes on liability
If the opposing party is disputing their guilt or claims you were also somehow at fault, this complicates the entire process.
Unavoidable delays
Insurers, and even some solicitors, are known for dragging their feet, which could delay the payment of your settlement, even if all parties are in agreement.
Miscommunication
If a crucial piece of information has been missed or miscommunicated – for instance, something in your medical records – this could have a significant impact on the outcome of your case.
Potential mistakes to avoid during negotiation
When negotiating your settlement figure, having hard-working personal injury lawyers working on your behalf is essential if you want to walk away with a figure that’s both suitable to the circumstances and meets your needs.
Here are some common mistakes you need to avoid, and can avoid with our help:
Accepting the first offer
This is why having experienced personal injury lawyers on your side is an absolute must. It’s not always the case, but you stand to make more money by declining the initial offer. We’ll advise you on your best course of action.
Failing to account for future medical expenses
If you’ve suffered a serious injury (for example, in a traffic collision) and you’ve been advised by a medical professional that this will lead to prolonged pain in the future, this needs to be accounted for in your settlement figure, rather than how the severity of the injury appears in the moment.
Ignoring longer-term consequences
In the same breath, it’s important to factor in how this injury will affect you later in life; will you be able to return to work? Will you need extensive time off? Will you need to alter your lifestyle in light of your new physical condition? This all needs to be addressed.
The role of a personal injury lawyer in avoiding pitfalls
Without effective legal representation throughout your personal injury settlement, you can’t possibly hope to enjoy the most beneficial outcome for you, or even make it past the first steps.
At St Helens Law, here’s how we can help:
Expert negotiation skills
Because we’ve handled many personal injury claims, we know when it is most appropriate to push for a better deal or to accept a deal that’s already on the table. The result is the most fitting figure for your case and your circumstances.
Legal expertise
Our in-depth knowledge means we’re well equipped to analyse your situation and the circumstances surrounding your injury, so we can highlight any areas that may impact your settlement figure. On top of this, we can guide you on the movements and reasoning of the other party and their insurer, so you have all the information you need to make an informed decision.
Handling disputes
We can mediate on your behalf when we feel you are not being treated fairly, or when the opposing party disputes your claims or rights.
How is personal injury compensation calculated?
The first port of call in personal injury law is to calculate what’s known as general damages. Following terms set out by the Judicial College Guidelines, courts and solicitors specify the physical and psychological injuries caused while considering their severity, before assigning a financial figure. From here, all other relevant factors are considered, such as those mentioned above, and are also assigned a figure.
This is generally how personal injury compensation amounts are calculated, but the personal injury claims process can differ depending on the specifics of the case.
Seeking legal counsel for your claim? Choose a specialist personal injury solicitor at St Helens Law
If you’ve been injured in an incident that was not your fault and feel you’re entitled to personal injury compensation, don’t take on the legal process alone… St Helens Law is here for you.
Our solicitors in St Helens are highly skilled and have a wealth of experience in personal injury compensation claims and settlements, making us your ideal partners to navigate your way through your personal injury case to a successful claim.
Whether the incident has harmed your physical health, mental health, or both, if you’ve been left in a less than favourable condition as a result of someone else’s actions, you’ll likely have a right to make a claim. We’ll help you gain the maximum compensation amount in your settlement agreement, and thanks to our ‘No Win, No Fee’ policy, you have nothing to lose.
To find out more about our personal injury solicitors, or for more information on the specifics of the process, including legal fees, speak to a member of the team today.