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Can I Appeal a Car Accident Injury Settlement Decision if I Am Not Satisfied With the Outcome?

Aug 12, 2024 | Auto Accident

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According to a 2024 Forbes report, the average car accident injury settlement falls between $20,000 and $25,000. Since every car accident is unique and involves different injuries, though, it’s tricky for a car accident injury lawyer and the insurance company to strike a deal during a settlement negotiation.

If you filed a case with the help of a car accident injury lawyer and you’re not happy with the settlement offer you received, you might wonder what to do next. You may even ask, “Can I appeal a car accident injury settlement decision if I’m not satisfied?”

Let’s explore what you can do in response to an unsatisfactory settlement offer in a car accident case.

What You Can Do If the Settlement Negotiation Process Is Still Ongoing

Are you and your car accident injury lawyer still actively taking part in the settlement negotiation process with the defendant in your case? If so, you won’t need to worry about appealing anything yet since you’ll maintain the right to continue negotiating until you come to a settlement offer acceptable to both sides.

As you and your car accident injury attorney negotiate, keep in mind how much compensation you’ll need to cover:

  • Medical bills
  • Rehabilitation services
  • Auto repairs
  • Lost wages
  • Pain and suffering

You should try not to accept any settlement that won’t cover your accident-related costs. Make sure your lawyer understands the costs you’re facing so they can fight hard to earn you a fair settlement offer.

What You Can Do If the Settlement Negotiation Process Reaches a Stalemate

Part of the reason why it’s difficult to pinpoint the average car accident injury settlement is that it’s tough to put a price tag on certain aspects. For example, it isn’t easy to calculate pain and suffering and how much money it’s worth.

You may, therefore, find yourself stuck in a stalemate during the settlement negotiation process with the defendant unwilling to budge on their final settlement offer. In this case, you might need to take your case to court for a personal injury trial through your car accident injury lawyer. It’ll enable a judge or jury to determine how much compensation to give you.

If you’re unhappy with the compensation awarded when you take this approach, you can consider going through the appeal process. You might also want to appeal a judge’s or jury’s final judgment if you suspect legal errors may have compromised your case.

What You Do If the Settlement Negotiation Process Ends With an Agreement

There’s only one instance in which appealing a car accident injury settlement decision isn’t often possible. You can’t usually appeal it if you’ve already agreed to a settlement offer and, more importantly, signed a release form.

In this case, the only legal leverage you might have to appeal a settlement is if you believe a plaintiff may have purposely left out information they should have disclosed during the settlement negotiation process. But even then, convincing a court to throw out a signed settlement deal so you can renegotiate is a long shot. This is why you need to have a reliable car accident injury lawyer in your corner from the start.

Start Working With a Trusted Car Accident Injury Lawyer

Ironing out a settlement with the defendant in a car accident case can present more challenges than you’re prepared to face on your own. Bring a car accident injury lawyer from Stewart & Stewart Attorneys on board to represent you during the negotiation process or a personal injury trial if things go that far.

Contact us at 1-800-333-3529 to schedule a free consultation.

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If you have been involved in an Indiana personal injury accident, contact us at Stewart & Stewart Attorneys. Our Indiana personal injury lawyers represent victims throughout the state, including Carmel and Anderson. We have also successfully advocated for clients throughout the area, including Fort Wayne, Gary, Indianapolis, South Bend. Complete a free online consultation form or call us at (800) 33-33-LAW!

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