So your spinal cord injury lawyer in Providence convinced you to take a settlement offer that according to you was very little. Is there anything you can do about it and why was the settlement offer so little?
If you have a huge case of buyer’s remorse, don’t rush to do something you will regret later. Instead, sit down with your lawyer and tell him about your problem because there might be something he can do to rectify the situation or he may be able to explain to you why you didn’t get as much as you had expected in your settlement.
Why Did You Receive So Little In Your Settlement Offer?
The Defendant Didn’t Have Adequate Insurance
There’s not much you can do about your settlement offer if the defendant didn’t have adequate insurance to cover your costs. You can decide to sue them individually for the remaining damages but it’s usually not worth it because if they don’t have adequate insurance, chances are they also don’t have adequate money to pay a judgment.
You are just going to have to take the settlement offer as it is because trying to get out of it won’t be beneficial to you. However, you can try to convince your attorney to reduce his fee. Remember that he is not obligated to do so and the best that you can do is to play to his sympathy.
You Were Over-treated
Perhaps you went to a health care provider who overcharged you to treat your injuries and that’s why your settlement offer can barely cover your medical expenses. It’s not unusual to hear about chiropractors who charge their patients $20, 000- $50, 000 to treat a pinched nerve or a strained back. This is a lot of money and if you are in this situation, you can talk to your lawyer to try to get the doctor to reduce his bill.
Your Case Had Causation or Liability Problems
This means that if your case had gone to trial, the jury wouldn’t have found the defendant liable for your injuries and you would have received nothing.
Causation refers to whether the injuries you suffered were as a result of another accident, was unrelated to your accident or they were preexisting. Liability refers to whether or not the defendant was responsible for your accident.
If your case has liability issues, your lawyer can determine what a fair settlement would be by multiplying the odds of you winning by the value of your damages. So if you have a 30% chance of winning a case worth $70, 000, you will receive $21, 000.
It’s Not Easy to Get Out of Your Settlement
In fact, you can’t get out of your settlement unless you were duped by the defendant to sign the agreement under false circumstances.
There are instances where you can get out of your settlement if there was some type of fraud involved. For instance, if the defendant led you to believe that they had lower insurance limits than what they said they had, then your lawyer will be fully on board with getting you out of your settlement agreement. Keep in mind that this will only work in your favor if you settled for what you thought was the full policy limit.
So if you settled for $30, 000 under the belief that the defendant had $40, 000 in coverage, it won’t make a difference if the defendant had $90, 000 because you’d have already shown that the additional coverage wasn’t necessary to settle your case.
Is It Worth Getting Out of Your Settlement?
Before trying to get out of your settlement, make sure there’s nothing that your lawyer can do to satisfy you. If you try to get out of your settlement, your lawyer might decide not to continue working with you, the defendant will most likely not give you any more offers and your case might have to go to trial. Is it really worth all the trouble?
Hire a Spinal Cord Injury Lawyer in Providence Who Will Get You a Fair Settlement
You need to hire a spinal cord injury lawyer in Providence who really knows Rhode Island laws and statutes extremely well so that they can guide you every step of the way and get you the compensation you deserve.
At Kevin P Landry law offices, we understand how stressful it can be when trying to get compensation for injuries that were because of someone else’s fault. Contact us today at 401-751-0101 to get the compensation you deserve or you can take a look at what others are saying about our services.