Receiving a low settlement offer can feel overwhelming, especially when you’re dealing with mounting medical bills and lost wages —and once you sign a settlement agreement, you typically cannot seek additional compensation later, even if your injuries worsen or you discover new accident-related expenses.
However, a small initial offer doesn’t mean you have to accept less than what your case is worth. The McGarity Group stands beside clients throughout settlement negotiations as we aim to secure the settlement you deserve for your injuries. We thoroughly examine current medical costs, anticipated treatment needs, and commonly overlooked damages. We’ll walk you through effective ways to handle low settlement offers and show you how to increase your personal injury settlement with the help of our legal team.
Initial Assessment and Preparation
How do you negotiate an injury settlement when the offer seems too low? It’s in your best interest to avoid settling until you have fully recovered or clearly understand your future medical needs. Accepting a settlement too early by signing a release form absolving the other side of any further liability in a personal injury claim can prevent you from negotiating further compensation, which is necessary for covering all of your treatment costs.
Settlement offers require detailed analysis beyond simply comparing the total amount to your expenses. A thorough evaluation examines each component of the compensation package while considering the immediate and long-term implications of your injury.
Essential compensation elements to analyze:
- Current medical expenses, medical records, treatment plans, and anticipated future treatments
- Expert testimony on future medical needs
- Lost wages, reduced earning capacity, and employment records showing the impact on your income
- Property damage and out-of-pocket costs
- Physical pain and emotional distress
- Evidence of changes in quality of life and limitations in daily activities
- Photographs and videos documenting recovery.
The McGarity Group methodically reviews each component, ensuring nothing is overlooked when determining how to increase your personal injury settlement. Georgia courts recognize both economic and non-economic damages, so a proper evaluation must account for:
- Projected rehabilitation costs
- Future medical procedures
- Career advancement opportunities lost
- Impact on family relationships
- Modifications needed for daily activities
These components form the foundation for accepting or rejecting an offer. By examining each element separately, we can identify areas where the settlement falls short and build a strong case for increased compensation.
How to Negotiate a Counter-Offer in an Injury Settlement
After receiving an initial settlement offer, a carefully crafted counter-offer can significantly increase your compensation. Georgia Code § 9-3-33 establishes a two-year timeline for resolving injury claims through settlement or lawsuit.
Here’s The McGarity Group’s approach to building an effective counter-offer strategy:
- Document all economic damages (medical bills, lost wages, property damage)
- Calculate future medical expenses and rehabilitation costs
- Include evidence of non-economic damages (pain and suffering)
- Compile expert testimony and professional evaluations.
Your response letter should comprehensively address these key elements while maintaining a professional tone. Each piece of evidence strengthens your position for seeking additional compensation.
Strategic considerations for negotiations:
- Present documentation in a clear, chronological order
- Respond to all insurance company assertions with factual evidence
- Maintain detailed records of all communications
- Consider the timing of counter-offers based on case progression.
The team at The McGarity Group develops effective responses to common insurance tactics, such as early low-ball offers or delayed responses.
Our approach to determining appropriate settlement ranges considers:
- Similar case outcomes in Georgia courts
- Current medical costs and future treatment needs
- Impact on earning capacity
- Strength of liability evidence.
Throughout negotiations, we maintain clear communication about potential settlement ranges and timelines. While we aim for efficient resolution, we ensure any settlement adequately compensates you for both current and future needs related to your injury.
Alternative Dispute Resolution
Before pursuing a lengthy court battle, consider mediation as an effective way to increase your personal injury settlement. This approach can save time, money, and emotional distress. The mediation process offers a structured yet flexible approach to resolving disputes while maintaining control over the outcome.
Mediation provides immense benefits beyond traditional litigation. Pursuing alternative dispute resolutions often leads to mutually beneficial solutions while avoiding the adversarial nature of court proceedings.
Key advantages of mediation include:
- Lower costs than traditional litigation
- More control over the outcome
- Preservation of professional relationships
- Creative solutions beyond monetary settlements.
The mediation process requires thorough preparation and strategic planning to maximize its effectiveness. Our team focuses on key elements that strengthen your position while remaining open to productive discourse.
Steps for successful mediation include:
- Gathering and organizing all relevant documentation
- Identifying key objectives and acceptable compromises
- Developing a clear presentation of your position
- Considering multiple settlement scenarios.
The McGarity Group evaluates whether mediation makes sense for your case, prepares comprehensive presentations, and ensures your interests are protected throughout negotiations. If mediation doesn’t yield satisfactory results, we’re prepared to pursue litigation while using insights gained during the mediation process to strengthen your case.
Moving Forward with Litigation
The litigation process in Georgia involves preparing detailed legal documentation, gathering evidence, conducting depositions, and potentially appearing in court. Knowing what lies ahead can help you make informed choices about your settlement. Each stage has strict deadlines and procedural requirements that must be met to keep your case moving forward.
Here’s what you can expect on your journey through litigation:
- File a Lawsuit: If negotiations and alternative dispute resolution methods are unsuccessful, you may choose to file a lawsuit against the at-fault party. Your attorney will guide you through the legal process, including discovery, depositions, and potentially a trial.
- Prepare for Court: If the case proceeds to trial, your attorney will prepare a compelling case to present to the court — including presenting evidence, calling witnesses, and arguing your case before a judge and/or jury.
- Evaluate Settlement Offers During Litigation: Throughout the litigation process, the insurance company may present revised settlement offers. Your attorney will help you assess these offers and advise whether to accept or proceed with the trial.
The decision to litigate requires careful consideration of both timeline and costs. The McGarity Group’s litigation team can help you assess the strength of your case and develop a strategic approach aligned with your goals and circumstances. We’ll work to protect your interests, whether through continued negotiations or courtroom advocacy.
Appeal Your Personal Injury Case
The Georgia appeals process provides a pathway to challenge unfavorable court decisions. Under Georgia code § 5-6-33, either party in any civil case and defendants in criminal proceedings may appeal from any sentence, judgment, decision, or decree of the court.
Key considerations for your appeal:
- You must file your Notice of Appeal within 30 days of the judge’s decision.
- Under the new Superior and State Court Appellate Practice Act, lower court decisions for cases after July 1, 2023, require a “Petition for Review” rather than a Notice of Appeal.
Our dedicated team of attorneys knows how to increase personal injury settlements and can navigate the intricate appeals process. Our attorneys carefully review your case, ensure all deadlines are met, and develop strong legal arguments for your appeal. Our experience with appellate procedures helps clients evaluate their options under both current law and recent reforms.
While we are ready to represent you in the appeals process, we also help explore alternative approaches like mediation or negotiations, which may provide faster resolution and more control over the outcome. Contact us to discuss your options and determine the best path forward for your case.
Don’t Settle for Less than You Deserve
Insurance companies often pressure victims to accept quick settlements, but taking time to evaluate your case properly can lead to significantly better outcomes. If you’re wondering how to increase the value of your personal injury settlement, The McGarity Group serves as your shield against low settlement offers. We will counter insurance company tactics, document your full range of damages, and fight for maximum compensation on your behalf. Schedule a free consultation today to build a case for your losses and receive a higher settlement.