what to ask attorney about settlement

Should You Accept a Settlement Offer? Ask your attorney’s thoughts. If they are bringing a serious offer to the table, it’s okay to ask questions. Ask how your attorney feels about the offer, ask what possible outcomes there could be if you decide to decline the offer and move forward.

Full Answer

Does my attorney have to tell me about a settlement offer?

Your attorney not only has a legal obligation to tell you about the settlement offer, but he also has an ethical obligation in revealing to you that a settlement offer has been made.

What happens after my settlement check reaches my lawyer?

When you finally reach a settlement, there are a few more things you and your lawyer need to do before the defendant gives your lawyer the check. Even so, once the check reaches your lawyer, there are a few obligations they must attend to before they give you the final balance. What Factors Delay My Settlement Check?

What kind of settlement can I request from the defendant?

While the defendant is not obligated to agree to any settlement you request, you can use several factors to determine what to request. Monetary damages are the starting point of most settlements. They are also the easiest damages to document.

What should I do when I get close to a settlement?

Once you get close to a settlement, start drafting a release form ahead of time so it’s ready once you reach an agreement. Next, you should work with your lawyer to figure out your liens and bills while the defendant processes the release form. Finally, make sure you respond to your lawyer’s requests quickly to avoid delays.

What should I ask for in a settlement?

The following items will be factored in to a potential settlement:Past and future medical bills.Rehabilitation costs.Pain and suffering.Therapy.Lost wages and/or future income.

How do you negotiate a settlement offer?

Let's look at how to best position your claim for success.Have a Settlement Amount in Mind. ... Do Not Jump at a First Offer. ... Get the Adjuster to Justify a Low Offer. ... Emphasize Emotional Points. ... Put the Settlement in Writing. ... More Information About Negotiating Your Personal Injury Claim.

How do I know if my lawyer is cheating on a settlement?

Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.

Can I negotiate a settlement claim?

Indeed, it means you're ready to demand the compensation you deserve for your suffering and losses. If you are determined to seek fair compensation for your losses, you must be prepared to negotiate with the insurance company (or, more specifically, the claims adjuster) to get what you want.

How do you ask for more money in a settlement?

Send a Detailed Demand Letter to the Insurance Company Because the insurance company will likely reply with an offer for an amount lower than what you've asked for in the demand letter, you should ask for between 25 and 100 percent more than what you would be willing to settle for.

How do you respond to a low settlement offer?

Steps to Respond to a Low Settlement OfferRemain Calm and Analyze Your Offer. Just like anything in life, it's never a good idea to respond emotionally after receiving a low offer. ... Ask Questions. ... Present the Facts. ... Develop a Counteroffer. ... Respond in Writing.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

How often should I hear from my attorney?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.

Why do lawyers drag out cases?

Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.

How do lawyers negotiate settlements?

The negotiation process typically starts with your lawyer providing a written proposal for settlement to the insurance adjuster or the defendant's lawyer. The adjuster or lawyer will respond to your lawyer either in writing or over the phone.

How much should you ask for in a personal injury settlement?

When making an initial settlement demand, the accident victim should always ask for more than what he or she thinks the case is worth. There is no set rule, but it is not unreasonable to to ask for at least three times the amount of the medical expenses.

Why do lawyers take so long to settle a case?

Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.

The Payment Schedule

If the settlement is not paid in a lump sum, inquire about the payment structure. Potential payment structures include periodic payments that arrive either monthly or yearly or the insurance company establishing an annuity or other investment for the recipient.

Whether the Settlement Requires Court Approval

Another important question to ask about your settlement is whether 1) the court must approve the settlement. If the court must approve the agreement, it is not binding until after official court approval has been obtained. The settlement that you read, therefore, might not be final.

Obtaining Legal Advice

If you are unsure about the terms of a settlement offer made to you, seek legal advice. A lawyer will review the settlement and discuss with you any areas that could be problematic.

1. Have you completely recovered from your injuries?

One of the main factors before accepting a settlement is whether or not your mind and body have completely recovered from the accident. This means taking into account any future medical expenses that you may incur such as physical therapy, mental therapy, future doctor visits, rehabilitation treatments, etc.

2. Are past and future lost wages included?

Lost wages from the accident are the responsibility of the at fault party. If you were not able to work for months after your accident because of your injuries, those costs are recoverable. Many insurance companies will try to leave that part out because most people don’t know that they can be compensated for any lost wages past and future.

3. Are you being compensated for pain and suffering?

Non-economic damages are essentially costs accrued from things that don’t have an exact number on them to calculate. This means things such as pain and suffering, mental health issues, loss of loved ones, etc.

4. Is property damage fully covered in the settlement?

Property damages should also be fully covered in your settlement.

5. Will this settlement affect eligibility to claim punitive damages?

In some cases, the settlement may include a punitive damage exemption clause that keeps the negligent party from being liable for paying punitive damages. This is a sneaky clause that can end up leaving a lot of money on the table if it’s not caught before signing your agreement.

6. Did the offer come before you know all of the expenses involved?

If your settlement offer came very quickly after the accident, it’s highly likely that you don’t know ALL of the costs involved yet since personal injury lawsuit timelines differ on a case by case basis.

Areas We Serve

We serve clients injured anywhere throughout the state of Colorado, but we focus on residents of these areas: Colorado Springs, Manitou Springs, Fountain, Briargate, Monument, Black Forest, Pueblo, Canon City, Larkspur, Security-Widefield, Peyton, Falcon, Calhan, Castle Rock, Teller County, El Paso County, Elbert County, Park County, Douglas County and beyond..

What to ask a company about settlement?

You should also ask about the amount of charges and what you will owe over time. Remember, the company will recoup not only the actual amount of the funding made, but also any applicable charges. By asking these questions before hand, you won’t be caught off guard by the amount the company claims from your settlement.

What happens if you are a plaintiff in a personal injury lawsuit and you need cash while your case is?

So what happens if you are a plaintiff in a personal injury lawsuit and you need cash while your case is pending? You could ask friends or family for a loan. You could try to get a personal loan. In a worst-case scenario, you could borrow against the equity in your house, pull funds from your retirement fund or try to rely on credit cards. Or perhaps you heard about lawsuit settlement funding and you’re intrigued by this option.

What happens if a plaintiff prevails in court?

If the plaintiff prevails in court or reaches a settlement with the responsible party, payment to the funding company (including applicable charges) gets paid from the proceeds.

What is Oasis pre settlement?

Oasis provides pre-settlement funding, also known as consumer litigation funding, to its customers through different products depending on their state of residence or cause of action. Many consumers will be provided pre-settlement funding in the form of a purchase agreement, which assigns a portion of the pending proceeds from their legal claim. Other consumers, such as those in CO, IL, MN, MO, SC, WI and some OK residents, will be offered a funding in the form of a pre-settlement loan, sometimes referred to as a lawsuit loan. These transactions have important differences, therefore, consumers should carefully review and be aware of the type of transaction that is offered to them by any funding company.

What happens when a company decides the applicant is qualified?

If the company decides the applicant is qualified, his or her attorney and the funding company negotiate the terms of the funding – such as the amount of the funding, as well as any charges. All parties to the agreement then sign a contract.

How does a legal funding company determine the likelihood of a case being settled?

Based on the information supplied by the applicant and his or her lawyer, the company determines the likelihood of the case being settled in the plaintiff’s favor, and the probable settlement amount. Because the company will assume some financial risk, it will only take applicants with the most promising cases.

What is settlement funding?

A lawsuit settlement funding, which is also known as pre-settlement funding, is a viable means of financial relief for many plaintiffs in personal injury lawsuits. This type of transaction can be used to alleviate financial stress while a case is pending.

What is the legal obligation of an attorney to tell you about a settlement offer?

Your attorney not only has a legal obligation to tell you about the settlement offer, but he also has an ethical obligation in revealing to you that a settlement offer has been made. The bottom line is when the defense makes an offer of settlement to your attorney, your attorney must convey to you this offer by telling it over the phone or by meeting you personally. Your lawyer must discuss the settlement offer with you, because you are the one who has to make the actual decision about whether or not to accept the settlement offer. You have to understand the risks and benefits of accepting or rejecting the settlement offer.

Do you have to tell your lawyer about a settlement offer?

The answer is yes, your lawyer has to tell you about the settlement offer.

Can you accept a settlement offer?

However, you need to keep in mind that even if your attorney tells you not to accept the offer, you can still go ahead and accept that settlement offer. If you accept it, your attorney then has the obligation to notify the defense that the offer has been accepted and case has been settled. What happens on the other hand if your attorney tells you to accept the settlement offer, since he feels the defense is not going to offer anything more. Suppose you reject his advice and you say that you are not going to take the settlement offer as you case is worth much more, and you prefer to go to trial. Now does your attorney have the obligation of transmitting this information to the defense and also go forward and take your case all the way to trial. The answer to this question is also a yes. Your attorney is obliged to convey your decision to the defense, even when you are rejecting the offer, and he is also obliged to continue, and fight your case at trial. This is usually what goes on when a settlement offer is made in an accident case or medical malpractice case. Your attorney has the obligation to not only inform you about it but also give his recommendations about whether or not you should accept the offer or reject it. However, your lawyer cannot force you to agree with his recommendations, and ultimately you only have the power to make this decision. Your lawyer will have to go by whatever decision you make, and even if it means fighting at trial against his recommendations.

What is the starting point of a settlement?

Monetary damages are the starting point of most settlements. They are also the easiest damages to document. Monetary damages consist of payment for any money you were forced to spend because of the defendant's actions or negligence, or any money you were unable to earn as a result. Monetary damages include lost wages, medical bills, ...

How much can you get in a personal injury settlement?

Some states have limits for non-compensatory damages in a settlement. For example, in California, plaintiffs can only receive $250,000 in addition to money to cover specific, documented costs in a personal injury settlement. Other states have their own limits for specific types of lawsuits. Within these legal limits, a personal injury attorney can help you decide how much to ask for, and what offer to accept. Just as the defendant takes a risk by allowing the lawsuit to proceed, you also risk losing your opportunity to receive compensation, which makes settlement negotiations especially important.

What can a personal injury attorney do?

Within these legal limits, a personal injury attorney can help you decide how much to ask for, and what offer to accept. Just as the defendant takes a risk by allowing the lawsuit to proceed, you also risk losing your opportunity to receive compensation, which makes settlement negotiations especially important.

What is one time settlement?

Instead, the businesses or insurance companies that act as defendants agree to one-time settlements, which allow them to control how much they pay without the risks and costs of letting a court decide how much they should pay.

What are the damages in a lawsuit?

Monetary damages include lost wages, medical bills, damage to your property and expected future medical costs or lost income. Your court costs and attorney fees involved in the lawsuit also play a role in determining how much you can reasonable request in a settlement.

What to ask your attorney about a settlement?

Once your attorney reviews the case with you and suggests what the optimal settlement should be you might ask her if she believes your chances of securing a higher settlement would be greater if instead of settling you proceed to trial.

What to do after reviewing a settlement?

After you have reviewed your entire file with your attorney, look into her eyes and ask her if the settlement she is suggesting is the best settlement possible with the facts and evidence in her possession. Once she tells you the amount, be satisfied.

Do you get a personalized case evaluation from a licensed attorney?

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Do attorneys get paid when you do?

Remember, even though your attorney probably worked as hard as she could and used her legal abilities to the fullest, she still also only gets paid when you do. And even then her fee is on a contingency basis. With that understood there is a built in incentive for her to settle your case for the highest amount possible.

Is our response legal advice?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Does attorney fees go up during trial?

Remember, expenses come off the top of the gross settlement amount, then the lawyer gets her fee, then you get what remains.

How to negotiate a personal injury claim?

Claimants will typically begin the negotiation process of a personal injury claim by sending an initial demand letter. This letter should include a settlement amount that you are looking to collect as compensation for your injuries. You should always start with a number that is notably higher than the amount you would be satisfied with accepting in the end.

What to do if you have been injured in an accident due to someone else's negligence?

If you have been injured in an accident due to someone else’s negligence, you are entitled to compensation for your injuries and any damages you have suffered. The first step is making sure you are treated for your injuries and medically stable. Next, you need to file a personal injury claim but first, you must decide how much to ask for in a personal injury settlement.

What can a personal injury lawyer do?

A lawyer can help advise you of your legal rights regarding your accident and how much to ask for in a personal injury settlement.

Do personal injury lawyers charge for case evaluations?

Best of all, there is little to no risk in speaking with a lawyer. Most personal injury lawyers offer FREE case evaluations and many do not charge their clients unless they win the case.

Can a personal injury lawyer represent you?

Your lawyer can even represent you in negotiations and legal proceedings without you needing to be present. Let your personal injury attorney do the heavy lifting for you. They will negotiate with insurance companies on your behalf and can represent you if your case goes to trial.

Should you accept an initial offer from an insurance adjuster?

You should never accept the initial offer or counteroffer by an insurance adjuster. This offer will almost always be lower than what would be considered fair compensation. Insurance companies will often try to trick claimants into accepting their initial offer. They use this tactic to get away with paying smaller settlements than the claimant deserves.

What multiplier should I use for settlement range?

At a high level, I am trying to understand the estimate of the settlement range. Based on the calculator method and estimates, we should be using a multiplier of 5-7x (whether that is accurate, I am not sure).

Can injury claim coach interfere with attorney-client privilege?

It is our policy here at Injury Claim Coach not to interfere with the attorney-client privilege. To do so would be wholly inappropriate.

Is our response legal advice?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Do you get a personalized case evaluation from a licensed attorney?

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

What happens when you get a settlement check?

When you finally reach a settlement, there are a few more things you and your lawyer need to do before the defendant gives your lawyer the check. Even so, once the check reaches your lawyer, there are a few obligations they must attend to before they give you the final balance.

What form do you sign to get a settlement?

The first form you have to sign to get your settlement is a release form. This form is a legally binding agreement stating that you will not pursue further legal action against the defendant for your specific case. Most defendants or insurance companies won’t give you a settlement check unless you sign the release form. However, if you have concurrent lawsuits against the same defendant for a different matter, you don’t have to stop pursuing those claims.

How long does it take to settle a liens claim?

It’s usually easy to settle liens, unless the government has a lien against your settlement. If you have any liens from a government-funded program like Medicare or Medicaid, it takes months to resolve them. Your lawyer also uses your settlement check to resolve any bills related to your lawsuit.

How long does it take for a check to clear?

Once your lawyer receives the check, they usually hold it in a trust or escrow account until it clears. This process takes around 5-7 days for larger settlement checks. Once the check clears, your lawyer deducts their share to cover the cost of their legal services.

What is structured settlement?

Unlike a regular settlement that pays the settlement amount in full, a structured settlement is when a defendant pays the settlement amount over time. These types of settlements usually occur when the case involves a minor or if there was a catastrophic injury that requires extensive ongoing medical care.

How long does it take for a settlement check to be delivered?

While many settlements finalize within six weeks, some settlements may take several months to resolve.

How to speed up the delivery of a settlement check?

Once you get close to a settlement, start drafting a release form ahead of time so it’s ready once you reach an agreement.