We use our hands for almost everything. A hand injury may be very painful and make life more difficult, possibly for a long time. As such, a good settlement for a serious hand injury should be substantial.
Settlements negotiations are not always simple. We must have some proof of your injuries and the defendant’s fault. If we cannot show evidence of the defendant’s negligence, they will argue they do not have to pay anything. Not only that, but we must have strong evidence regarding the value of your claims, so you get the most compensation possible.
Call Basch, Keegan & Spada at (845) 303-2748 and ask for a free, private legal review from our Poughkeepsie, NY personal injury lawyers.
How to Negotiate a Settlement for a Hand Injury
Settlement negotiations vary from case to case. They can be lengthy and contentious or fast and amicable. Either way, we must be prepared.
Gather Information and Evidence
We must have evidence showing that the defendant negligently caused your hand injury. A defendant will only agree to a settlement if we can prove that they are likely at fault. If they believe we do not have enough evidence to prove fault, they might not agree to pay anything.
Develop a Strategy
We must consider what the defendant wants from the settlement. If they want to keep the terms of the settlement private, we can focus on this as part of our strategy. If they want your silence, they must be willing to pay for it.
If they know they have a losing case and want to avoid a humiliating courtroom loss, our New York personal injury attorneys can use that leverage during negotiations. We have the evidence to win in court, so if they want to avoid a trial, they must offer a good settlement.
Get Help from a Lawyer
The defendant might try to offer you a settlement quickly, before you have a chance to speak to a lawyer. Defendants sometimes use this tactic because they know an unrepresented victim is more likely to accept a lowball settlement. Whatever happens, do not enter settlement talks without a lawyer to help you.
Damages You Should Account for in a New York Hand Injury Settlement
A good settlement should account for as many of your damages as possible. Below are common examples of damages in hand injury cases we may need to evaluate.
Medical Bills
A hand injury can be complicated, and treatment may be expensive. Some hand injuries may require surgery to be corrected, and you might have to shell out for powerful pain medication.
Lost Earnings
We use our hands for almost everything, including work. If you cannot work until your hand recovers, you may lose valuable income. Some people might never be able to fully return to work if their injuries are severe and come with permanent complications.
Pain and Suffering
A hand injury can be physically painful and cause significant mental distress. Some hand injuries may be permanent, and chronic pain may be a serious issue. These damages can be tricky to assess, but they are worth significant compensation.
How a Hand Injury May Affect Your Ability to Work
A severe injury that comes with long-term or permanent complications might leave you completely unable to work for many years, maybe even forever.
A good settlement for a hand injury should account for your lost ability to work and earn a living. If your injuries are severe or permanent, a settlement should account for many years of lost future earnings.
Can You Demand More Compensation After Settlement Negotiations Are Complete?
Once a plaintiff accepts a settlement and the settlement is approved by the court, there is no turning back. If you later realize that your damages are worth more compensation than you settled for, you may be out of luck. This is why you must have a lawyer who can help you understand what your damages are worth before you begin settlement talks.
What if Your Hand Injuries Worsen After You Accept a Settlement?
Once you accept a settlement, there is very little you can do to change it, even if your injuries become worse and you incur new damages.
We must have a doctor thoroughly evaluate your hand injuries. If your condition could worsen or is otherwise not expected to recover fully, we should calculate the value of future medical bills and related damages. Preparation is key. To make sure your settlement is good enough, we must account for reasonably expected future losses.
What if the Defendant Admits Fault During Settlement Negotiations?
Anything either party says during settlement negotiations is confidential and may not be introduced in court. If the defendant admits to being at fault during settlement negotiations, you cannot shut down negotiations to pursue a trial and use the defendant’s admission as evidence.
This rule also protects you. If you make any statements about your possible role in causing your injuries, those statements cannot be used against you if your case ultimately goes to trial.
Should a Settlement for a Hand Injury Include Pain and Suffering?
Yes. Hand injuries are notoriously painful. Your hand is full of bones, tendons, and joints, and a serious accident can cause highly complex and painful injuries.
You might have to endure significant physical pain, but living with a mutilated hand can also inflict intense mental and emotional distress. These painful experiences should be accounted for in a settlement.
How Different Hand Injuries Should Be Compensated
When injuries are expected to recover fully, damages tend to be worth somewhat less, as plaintiffs are less likely to incur future damages.
More complex injuries with long-term or permanent complications should be worth much more. Not only might you live with more intense physical pain, but you might also find it harder to maintain employment, and you may deal with more significant emotional distress.
If you completely lose your hand to an amputation injury, your settlement should be very substantial. Losing a limb is not only extremely painful, but it can be deeply painful on a psychological level.
How Long After a Hand Injury Should You Begin Settlement Negotiations?
While you should not wait too long to start talking about a settlement, it might be unwise to begin negotiations right away. We may want to wait at least a few weeks to gather information and evidence to support your settlement demands. We may also need time to see how your hand injury progresses and for doctors to determine your future medical needs.
What if the Defendant Refuses to Offer a Good Settlement for Your Hand Injury?
We can walk away from settlement negotiations in favor of a trial. In many cases, plaintiffs and their lawyers file the lawsuit first, then take time to negotiate a settlement. If negotiations are successful, the lawsuit is dropped. If not, the case is already filed in court and ready to go.
Discuss Your Settlement with Our New York Personal Injury Attorneys
Call Basch, Keegan & Spada at (845) 303-2748 and ask for a free, private legal review from our Albany, NY personal injury lawyers.