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Coping With Legal Issues

When I started getting into trouble I became pretty acclimated to legal procedures. Calling my attorney and working out bail was just another way to spend a Saturday night. Unfortunately, the stiffer the charges, the more difficult it was to talk my way out of a bad situation. After so many charges, I found myself slapped with a long jail sentence, and I realized that I wanted to turn things around. Fortunately, my lawyer was able to walk me through yet another process, so that I could make the right changes. My blog discusses how to emotionally cope with legal issues so that you can start living a good life.

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Coping With Legal Issues

Tips For Out-Of-Court Settlement

by Lillian Wheeler

You can save money and time by settling your injury case outside the courtroom. Below are a few tips to help you get an out-of-court settlement.

Make Realistic Demands

Insurance adjusters can smell an unrealistic demand a mile away. You won't get far if you demand a $1,000,000 for an injury that cannot exceed $100,000. Know how much your injury is worth and demand fair compensation.

Here are a few tips to help you get an accurate calculation of your damages:

  • Compute all your economic damages
  • Use a reasonable multiplier to get the non-economic damages
  • Consider the strength of your evidence
  • Consider the possibility of shared liability

The multiplier, which ranges from 1.5 to 5, is one of the areas where many people go wrong. Don't automatically choose a higher number if your case doesn't warrant it. Some of the factors that determine the multiplier include:

  • The extent of the injuries
  • The nature of medical treatments
  • Recovery time
  • Future treatment
  • Impairment or disfigurement
  • Effect of the injury on your life

Consult a personal injury lawyer to help you get an accurate calculation of your damages.

Gather Relevant Evidence

The next tip is to arm yourself with relevant evidence for your damages. You must explain to the adjuster why you want $150,000 and not $100,000. Below are some of the different forms of evidence that can help your case:

  • Photos or videos of the injury, damages, and injury scene
  • Medical records proving your injuries are as serious as you claim
  • Statements from witnesses confirming your claims
  • Police records that prove the facts of your case

You can never have too much evidence — the more you have, the stronger your case is. You want to convey to the adjuster that they risk losing the case if the case proceeds to litigation. That is the only way they will settle the case before litigation.

Try Alternative Dispute Resolution

Lastly, you can also try alternative dispute resolution (ADR) to avoid litigation. Various forms of ADR exist, but the principal ones — for personal injury cases — are arbitration and mediation.

Mediation

For mediation, you negotiate your case in front of a neutral third party (mediator). The mediator's main role is to facilitate the negotiation and ensure everyone gets the opportunity to air their side of the story. The mediator doesn't make a rule — instead, you need to reach an agreement with the defendant.

Arbitration

Arbitration is more or less the same as mediation. The main difference is that the neutral third party (the arbitrator) hears both sides of the case and makes a ruling. In both mediation and arbitration, you can still have your respective lawyers represent you. Note that ADR requires the consent of both parties — the plaintiff and defendant.

For more information about settlements, contact an accident attorney in your area such as one from Kaston & Aberle.

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