By:  LINDSEY O’NEILL, ESQ.

All cases are different, and even within the same type of case, no two injuries are the same.  As such, determining the value of a case, and whether or not you should take an early settlement or risk going to court, can be pretty tricky.  However, there are certain factors that will play a role in evaluating any settlement offer.

First, Liability factors: If the person who injured you was clearly, clearly in the wrong, then your claim is obviously worth more than if liability is uncertain, or unclear.   

Secondly, consider the defendant’s style:  If the person who injured you is pretty reasonable and just wants to “do the right thing”, then it will probably be easier to settle it.  On the other hand, when cases are highly contentious, or if they get downright nasty, settlement efforts are usually more difficult. 

Third, if an insurance company is involved, any disputes about coverage may sidetrack settlement negotiations. 

Fourth – is the case particularly egregious?  Generally, if the defendant acted really, really badly, to the point where a jury would be likely to be very sympathetic to the injured party and return a high award, then there may be more pressure to settle the case early for a higher settlement amount than the run-of-the mill case. 

Finally, if the extent of the injury difficult to prove, or if there is a prior medical history related to the current injury, then early settlement is less likely. 

The bottom line is this – an experienced attorney will be able to advise you about how these factors, and others, affect your claim and your settlement options.