When to Settle a Head Injury Claim


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Head injury settlements can be the wisest decision to make after suffering that type of injury. The reason for this is because of the extreme technical nature of these injuries and how difficult they are to prove. Settling a head injury case out of court can often mean a larger amount of compensation and less stress than taking the dispute to court.

Lack of Evidence

If your head injury did not result in much brain damage or visible injury, you may have a hard time finding evidence to support your claim. If you have some evidence but it is not very strong of if you have a small amount of evidence, you might want to settle out of court. This will prevent you from needing to develop more evidence or possibly not being awarded any recover because of a lack of evidence.

The Offered Settlement is Large

If the insurance company offers you a large settlement, it might be advisable to take it and run. The majority of settlement money lands in your pocket, minus attorney’s fees, of course. Taking your case to court means that you will have to pay more to your attorney, and runs the risk that you might not be awarded as large of an amount as offered during settlement negotiations. This means that you could end up receiving less or no money at all.

Settlements Have Stalled

While some attorneys might suggest stalled settlement negotiations as the perfect time to call the other party’s bluff and head to court, doing so is not always the best decision. Negotiations that have stalled are an indication that your injury is not as serious as your attorney believes it to be. Insurance companies engage in extensive research when choosing a settlement amount to offer, and so that amount is not without merit. 

Obtaining Legal Advice

If you have been offered a settlement for a head injury, seek attorney assistance in deciding whether accepting the payment is the right decision. An attorney will explain the benefits and drawbacks of accepting the settlement versus taking your case to court and advise you about whether the offered amount is reasonable.

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