Steps to Take After a Failed Personal Injury Settlement

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Steps to Take After a Failed Personal Injury Settlement

It is very frustrating to see your personal injury settlement stall. You might have spent months working towards it, hoping things would settle, only to be back at square one.

“Many clients believe that a failed settlement is the end of the case; however, that is hardly the truth. It merely informs you that you have to alter the strategy,” says Mark Kaire, partner at Kaire & Heffernan, PLLC.

Here are some measures that you may consider after a failed personal injury settlement in Florida.

Consult Your Personal Injury Lawyer

First, you should talk to your lawyer about your troubles. They will be able to help you understand what this means for your case and what it will do to your case as you move forward.

They will also be able to help you understand whether or not the settlement was unreasonable, or if something has changed that has caused things to stall. This way, you do not do anything out of frustration.

In Florida, where the system of comparative fault and insurance companies plays a big role, you will need legal advice so that you do not make an impulsive decision.

Consider Filing a Lawsuit

Another thing you may consider doing after a failed personal injury settlement is filing a lawsuit. Filing a lawsuit shows your commitment to your case, which might change the way that the other side handles your case.

In Florida, it is not always necessary to go to court after filing a lawsuit. The parties can still settle the case once discovery begins.

Your attorney will be able to discuss the pros and cons of the process with you before making a recommendation. Filing a lawsuit is not something you want to rush into.

Explore Alternative Dispute Resolution

Going to court is not the only way to resolve the dispute. Using mediation or arbitration will provide a controlled environment to revisit the settlement agreement with a third party.

Mediation will provide a way of communication without the stress of going to court. This process is effective in helping both parties find common ground when communication has broken down.

Alternative dispute resolution in Florida is a faster, less confrontational process that is more flexible and less expensive for all parties involved.

Gather Additional Evidence for Your Case

A failed settlement can also result from insufficient evidence gathered so far. The discovery phase is where you can strengthen your position by adding more evidence to support your case.

Having more medical opinions, expert testimonies, or accident reconstruction reports could be to your advantage. Even updated medical records could help you as you seek a better deal.

Your attorney will be able to tell you what evidence will be most important to your case. By improving your position, you will be able to take the next step from a position of strength.

Reassess Expectations and Long-Term Goals

Taking a step back and reassessing what you really want to accomplish through the process can be helpful. Compensation is not just about paying bills; it is also about the future, lost opportunities, and security.

Reassessing the impact of the injury on your life, work, and future goals can be very enlightening. This reflection keeps the process moving in a positive direction rather than reacting to frustration and urgency.

Reassessing your goals is not about giving in; it is about defining what success means to you.

Making the Right Decision About the Next Step

While the failure to settle a case can be frustrating, it is often a turning point. What matters is what happens after the negotiations end.

With the right legal guidance and approach, many injured victims can obtain a result that accurately reflects the consequences of their injuries. It may take longer, but you can do it with the help of an experienced attorney.