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Rolando Cantu is the founding attorney of the Law Office of Rolando D. Cantu. He is committed to providing aggressive and high level legal representation—successfully defending clients charged with state and federal criminal offenses. He works on every case as a priority with personal attention, while prioritizing their needs. 

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What you should know about a settlement offer before accepting it

Jan 10, 2022

What you should know about a settlement offer before accepting it

A settlement offer is an attempt by the opposing party in a lawsuit to reach an agreement with you. It is not always wise to accept these offers- they can include things that are unfavorable for you, which will only cause more problems down the road. In this blog post, we will discuss what you should know about settlement offers before accepting them, and how they may affect your future dealings with the other party.



Should you accept the initial settlement offer?

In a personal injury case involving an insurance company, the answer to this question is usually no. The settlement offer may be much lower than what you believe you are owed, or it might include terms that are unfavorable to you. In some cases, the other party might be trying to take advantage of your situation by offering a low amount in order to avoid going to trial.


As we have mentioned in our blog: "Problems With Online Car Crash Settlement Calculators", settlements are generally paid by insurance companies or the other party’s insurance company. The amount of the settlement offer will vary depending on a number of factors, including the severity of your injuries, the damages you've suffered, and the amount of insurance coverage that is available. Insurance company settlements are often quick and easy to obtain, but they are also generally far lower than the actual value of your claim.


A personal injury settlement offer should be considered carefully. You should always consult and consider long and short period factors, like future expenses, physical therapy, future medical care, if there was another injured person, property damage, or if there are going to be multiple surgeries and further claims that may apply.


Also, considering the maximum medical improvement (MMI) date is important when evaluating a settlement agreement. You should not accept an offer that will expire before you have reached maximum medical improvement or case resolves because you may receive no money at all. This applies to both permanent and temporary injuries, but the reason is that your MMI date doesn't change because of an offer that's made.


You should always consider before accepting an offer, review your options, and speak with an attorney before accepting a settlement offer.

How to make a settlement offer if you are the other party?

If you are the at-fault party, and you want to make a settlement offer, it is important to clearly state the amount of money you are willing to pay. You should state that this amount is an offer of judgment, meaning that you will accept the court's decision in full satisfaction of the judgment if the case goes forward.


If you are considering making a settlement offer, it is important to take the time to consider the other party's position and what you believe they are owed. You should also make sure that any offer you make is reasonable and fair. If the offer is too low, the other party may reject it and you will have wasted your time.


To make a settlement offer, write a letter or email to the other party and explain how much you are willing to pay to settle this matter. Include a deadline by which you expect a response either accepting your offer or making an alternative offer of your own. A settlement offer is not binding on either party. If the case goes to trial, both parties are free to testify as they choose and can change their story at any point prior to trial. The only thing that would be binding is the settlement agreement between the parties if one is reached.


If you are considering making an offer for settlement, you must always consult an attorney first. This way, they can help you decide if the proposed settlement is reasonable and advise you on what your best course of action is.

What is a good settlement offer?

Settlement offers may vary depending on many different factors. A good offer will include a reasonable amount that takes into account the situation and your position in it. It is important to be aware that the other party may not accept your offer, so you should always make sure that it is reasonable before submitting it.


A good settlement is one that both parties can agree on. This means it should be fair and reasonable, taking into account the circumstances surrounding your case and the potential outcomes of going to court. An attorney can help you determine what a good settlement offer is, or they might make one on your behalf.

Does your settlement include expenses other than medical bills and treatment?

The first thing you should consider is what the offer includes. Sometimes, a settlement may be an attempt to get you to agree to certain terms that you will find unfavorable. Make sure to know what the settlement offer entails before accepting it, and consult an attorney if necessary.


The next thing you should consider is how much money your case is worth in comparison with the settlement. A good rule of thumb for this value is whether or not there would be enough left over after paying off legal fees and expenses to make it worth your while. If the settlement offer is very low compared with what you believe your case is actually worth, you should not accept it.


Non-economic damages are another important consideration when accepting a settlement. These types of damages include things like pain and suffering, mental anguish, loss of consortium (the ability to be close to your spouse), disfigurement, and wrongful death. Some settlement offers will not include non-economic damages, which means you would have to make a separate claim for compensation after the trial is over. You should consider whether or not this is something that matters to you before accepting the offer; if it does matter, then you might want to consult an attorney before accepting the offer.


It's also important to consider additional expenses that may come up after you accept a settlement offer, like medical bills and future treatment. If you are receiving compensation for economic damages (things like past and future lost wages), make sure they account for these added costs as well or your total recovery might not be as high as you expect.


Remember, it is important to weigh all the risks and benefits of accepting or rejecting a settlement offer before making a decision. An attorney can help you make an informed decision that is best for your case.


If you are considering a settlement, always consult an attorney first! They can advise you on whether or not the offer is reasonable and help you make the best decision for your situation.

What are the benefits of accepting a settlement offer?

When you accept a settlement offer, you are agreeing to resolve your case without going to trial. As we have mentioned before, a good offer is one that both parties can agree on. Make sure to consider all the terms of the offer before accepting it, like possible medical expenses or medical treatment, non-economic damages, and other expenses. Remember you can consult experienced personal injury attorneys if necessary.

There can be several benefits to accepting a settlement offer, including: 

  • Saving time and money: A settlement can save you time and money by avoiding a long, drawn-out legal battle.

  • Avoiding uncertainty: You might be able to avoid an uncertain outcome by accepting a settlement offer.

  • Ending the dispute: accepting a settlement offer may put an end to the dispute, which can be difficult if you go on with a trial.

  • Receiving compensation sooner: In some cases, you may receive compensation sooner if you accept a settlement offer rather than going to trial.

What are the consequences of rejecting a settlement offer?

This could result in a judgment against you that is much higher than the settlement offer. It is important to weigh the risks and benefits of accepting or rejecting a settlement offer before making a decision.


The consequences of rejecting a settlement offer can be quite serious depending on the type of case, the amount of money that was originally demanded, and how much time has elapsed since you received the letter. If the case is a personal injury case or a medical malpractice case and is being handled by a contingency fee lawyer, then there are serious consequences of rejecting a settlement offer.


As much as possible, you want to avoid going to trial in any kind of lawsuit. It's expensive, it's stressful and most likely you're going to have to give up some money to get out of it.

Consider an experienced personal injury attorney.

As you can see, there are many things to consider when it comes to accepting or rejecting a settlement offer.


Settlement is a good alternative to long, costly court proceedings. However, you do need to know what you are signing and what you will get. You will safeguard yourself from future liability by accepting a settlement, but you need to know about the terms and conditions of it. As a victim of another party’s negligence or wrongdoing, you have options.


If you have been in a car accident or suffered personal injuries, the settlement offer is often your first step in the legal case. Before accepting it, you should understand what exactly is going on and what kind of offer you are receiving. You should also decide whether or not this is something that you would like to pursue moving forward. Before accepting it, you should do your research on the case and prepare yourself.


At the Law Office of Rolando D. Cantu, we understand the criminal justice system and we will provide you with formal legal advice for your case. Attorney Rolando Cantu will review the initial settlement offers, check if it is a fair settlement, and tell you exactly what your negotiation process should be.


He will aggressively fight your case in front of judges and juries for your future and freedom. 

Contact Us and request your free consultation today!

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