What is a Fair Settlement Offer?

 Posted on September 15,2014 in Personal Injury

Many of those who are not familiar with the law or court cases have a number of questions upon finding themselves involved in a lawsuit. Such inquiries are to be expected, and can come up at different points in the legal process as a case proceeds in court. However, some questions are more critical than others. When it is considered that many cases end up settling out of court before going to trial, it should not be surprising that one such critical questions involves what is considered a fair settlement offer.

Settling a Case

The concern with whether a settlement offer is fair, of course, involves the concern that a plaintiff will end up taking an offer that is less than what his or her case is worth. An experienced accident and injury attorney can help his or her clients calculate a good value of a case. It goes without saying that the specific value of a case will vary greatly depending on multiple factors and the circumstances surrounding the specific matter at hand. These circumstances can include lost wages, medical expenses, pain and suffering, the existence of permanent injuries or disabilities, and loss of quality of life.

Some will say that the sign of a fair settlement offer is that neither party is particularly happy with the result since neither side got exactly what they wanted. This usually involves the defendant paying more than he or she wanted, and the plaintiff accepting less than he or she wanted. If the figure comes close to the value assigned to the case at the outset, it should generally be considered a fair settlement offer.

Factors to Consider

There are several factors to consider when evaluating a settlement offer. One such factor involves liability, and specifically whether the plaintiff or any other party is partially at fault for the accident. Depending on the circumstances of fault, it may be more advisable to take a settlement offer than in cases where the defendant is totally at fault. Another factor to take into account involves issues at trial. If a jurisdiction is heavily conservative or heavily liberal, it may impact a plaintiff's decision to settle. In addition, the financial status of the plaintiff or any defendant, particularly if there is more than one, can lead a plaintiff to settle a case before taking the chance of proceeding to trial.

Accident Injury Attorney

Of course, many factors come into play when evaluating a settlement offer. Hence, it is important for a plaintiff to consult with an experienced DuPage County personal injury attorney about his or her case who can help them evaluate the situation and determine a fair settlement. If you or someone you know may have a personal injury case, contact Mevorah & Giglio Law Offices today to schedule a consultation to discuss your matter. We serve clients in Cook, DuPage, Kane, Lake, McHenry, Kendall and Will County.