When people get hurt, they take legal action to get compensated. Most plaintiffs ultimately accept settlements, but negotiating one can take time. Some cases settle quickly, while others take much longer.
Various factors influence how long it takes for a case to settle, including the defendant’s cooperation, the strength of your evidence, and the overall value of the claim. If negotiations take too long, it might be time to take the matter to court. Sometimes, this puts pressure on the defendant to settle sooner or face defeat in court.
Begin your case with a free, private review by calling our New Orleans, LA personal injury lawyers with Schoenfeld Law Firm at (504) 688-7760.
What Factors Determine How Long it Takes to Get an Injury Settlement in Louisiana?
Various factors influence how settlement negotiations proceed and how long they take:
The Defendant’s Willingness to Negotiate
First, we should consider the defendant’s willingness to settle and whether they appear willing to compromise and reach a fair agreement. Some defendants refuse to admit any wrongdoing and do not believe they should have to pay for a settlement, digging their heels in and refusing to compromise..
Other defendants may be more remorseful and willing to offer a good settlement right away. Alternatively, they might simply want the whole case to go away as fast as possible with a quick settlement.
Your Evidence
When your evidence is strong, and your case will likely succeed in court, our Louisiana personal injury lawyers may have a better chance of a faster settlement.
Often, defendants and their attorneys recognize when they are fighting a losing battle, and they may settle sooner, saving time and legal fees.
The Value of the Claim
Larger claims typically take longer to negotiate. While some defendants may be willing to settle to avoid a trial, they often want to keep the settlement low.
This issue is hard to avoid if your claim involves serious injuries and high costs. You deserve fair financial compensation, and we might need to spend more time negotiating to see that you get everything you need.
What Should You Do if Negotiations for an Injury Settlement Take Too Long?
Negotiations are sometimes slower than we would like. This might be a defense tactic to draw out negotiations until the plaintiff becomes so desperate that they accept anything. Your attorney can help you avoid this problem in three major ways:
Remain Firm on Your Claims
We must remain firm in your claims. If you waver at all, the defendant and their legal team will seize on your insecurities and try to convince you to accept a lower settlement.
We must be emphatic about which damages are non-negotiable and what we believe you are entitled to.
Be Prepared for a Trial
Sometimes, settlement negotiations drag on because the defendant does not want to agree to a good settlement. Once that becomes clear, it may be time to walk away from negotiations and prepare for trial.
Determine What the Defendant Wants
Is there something the defendant wants that you can provide that might speed things along? For example, the defendant may be more willing to settle if they know the terms of the settlement will remain private.
A part of settlement negotiations is meeting the other party halfway. If there is something we can provide to get a good settlement faster, we should consider it.
Emphasize Your Evidence
Defendants are more likely to settle if they know they will probably lose in court. If we have strong evidence that will likely lead to a victory in court, we should emphasize this to the defendant.
Often, defendants would rather pay the plaintiff’s damages and go rather than spend more time and money in a trial only to be ordered to pay for the damages anyway.
FAQs About How Long it Takes to Obtain an Injury Settlement in Louisiana
Does it Take a Long Time to Negotiate a Personal Injury Settlement?
The time it takes to negotiate an injury settlement will vary. Many cases take several weeks or even several months to negotiate.
How Can You Speed up an Injury Settlement in Louisiana?
You may be able to speed up the negotiation process by having the strongest evidence possible and leveraging it through an effective negotiation strategy.
We can argue that a quick settlement will ultimately save the defense money on legal fees. If the defendant is a public figure or entity, we might convince them to settle to avoid a humiliating defeat in court.
When Do You Need to Accept an Injury Settlement?
Generally, a settlement may be offered and accepted at any time before a jury renders a verdict. In some cases, the parties in a personal injury case agree to settle after a trial is complete, while the jury is still deliberating.
When Should You Reject an Injury Settlement?
You should reject any settlement that does not pay for your damages in full. Our lawyers can negotiate for a better settlement and advise you when it is worth taking.
Are Injury Settlements Usually Fast or Slow?
It depends. Many settlements take a few months to complete. Others might drag on for years or go to trial.
You can often speed up a claim if you have strong evidence that the insurance company will not be able to argue. This can push them to settle faster, skipping the need for trial.
Can You Change Your Mind After Accepting a Personal Injury Settlement?
Maybe. You may change your mind about accepting a settlement before signing a settlement agreement or placing the agreement on the court’s record. If the settlement is already on the record and finalized, it is extremely difficult to change your mind unless you can show you were tricked or coerced into accepting the settlement.
Discuss Your Potential Injury Settlement with Our Louisiana Personal Injury Lawyers
Begin your case with a free, private review by calling our Lafayette, LA personal injury lawyers with Schoenfeld Law Firm at (504) 688-7760.
