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Florida, Washington & Puerto Rico Injury Lawyers / Blog / Personal Injury / What Happens if I Refuse To Settle My Personal Injury Case?

What Happens if I Refuse To Settle My Personal Injury Case?

Question

When someone else’s negligence causes you injuries and damages, you deserve to recover compensation. However, negotiating a fair settlement after an injury can be intimidating. This is especially true when the negligent party’s insurance company is pushing for a quick settlement. Accepting a settlement from the at-fault party’s insurance company means you agree to take a sum of money in exchange for closing your case and waiving your right to pursue further legal action. As you worry about medical expenses, lost wages, property damage, pain and suffering, and other damages, it is normal to wonder what would happen if you refuse to accept a settlement offer from the negligent party’s insurance company. So, what happens if you refuse to settle your personal injury case? Read on to find out the answer to this question.

What Happens if You Refuse To Settle Your Personal Injury Case?

Negotiation is an integral part of reaching an agreement without having to resort to going to trial. However, the claimant and defendant must agree that the settlement terms are fair and workable. If you believe the at-fault party’s settlement offer is not fair or workable, you might need to refuse the settlement offer. While having mixed feelings about saying no to money offered for your injuries and damages is normal, rejecting a settlement offer may be necessary. It is normal to refuse an insurance company’s settlement offer.

So, what happens if you refuse to settle your personal injury case? When you reject a settlement offer from the at-fault party’s insurance company, the next step will be more negotiation. Your attorney will continue communicating with the negligent party’s insurance company and trying to reach a fair and workable settlement. Your attorney may present new evidence and facts to support your claims and secure a fair settlement.

If, after more negotiations, you refuse to settle your case, your case will likely proceed to trial. This means your attorney will prepare to present your case before a judge and jury. If your case proceeds all the way to trial, the following are the basic steps to expect;

  • Jury selection (voir dire): Both sides question potential jurors to select a fair and impartial jury.
  • Opening statements: Both attorneys present an overview of their case, explaining the evidence they will present.
  • Evidence presentation: Your attorney will present evidence first, which includes medical records, witness testimony, and expert testimony. Then, the defendant’s attorney will question your witnesses. Next, the defendant’s attorney will present their evidence and witnesses, and your attorney will have a chance to cross-examine the witnesses.
  • Closing arguments: Your attorney and the defendant’s attorney will summarize their cases and try to convince the jury to rule in their favor.
  • Jury deliberation and verdict: The jury will discuss the case in private and make a decision, which they will announce in the courtroom.

While going to trial can lead to a higher compensation award, trials are unpredictable, and the jury could rule in favor of the defense side. Additionally, trials can be emotionally and mentally taxing, lengthy, and costly.

Contact Us for Legal Help

If you’ve suffered injuries and damages due to another party’s negligence, contact our Fort Lauderdale personal injury attorneys at The Pendas Law Firm for Legal help.

The Pendas Law Firm also represents clients in the Miami, Orlando, Ocala, Fort Myers, Tampa, Jacksonville, Bradenton, West Palm Beach, Daytona Beach, Naples, and Melbourne areas.

By The Pendas Law Firm | Posted on September 20, 2024