Fractured ribs can be deeply painful and make it harder for you to get around, go to work, and accomplish normal daily chores. The person who caused your injuries should be held responsible, and you deserve fair financial compensation.
A good settlement for a rib fracture may depend on the severity of the injury and how it impacts your daily life. More serious fractures usually lead to higher medical bills and more difficulty getting around. We must also consider the nature of the accident that caused your injuries. A more traumatic accident is more likely to lead to mental distress and even psychological damage. We must account for all this, and possibly more, when negotiating a settlement.
Request a free, confidential case evaluation from our Kingston, NY personal injury lawyers by calling Basch, Keegan & Spada at (845) 303-2748.
How to Negotiate for a Good Settlement for a Rib Fracture
Negotiating a good settlement takes time and effort. Although we do not have to meet a burden of proof or convince a jury during settlement negotiations, we still need evidence and solid legal arguments.
Gather Evidence
We can begin by gathering as much information about your accident and injuries as possible. The more evidence we have to support your claims, the more likely we are to win a lawsuit. Defendants may be more willing to offer a good settlement when faced with overwhelming evidence of their wrongdoing.
Calculate Your Damages
Before negotiating a settlement, we must accurately estimate all your damages. We must account for medical bills, lost income, pain and suffering, and other damages before we start negotiations. If we leave anything unaccounted for, we may not be able to add it to a settlement after negotiations end.
Develop a Negotiation Strategy
We must enter settlement negotiations with a strategy. For example, if our evidence overwhelmingly supports your claims, our strategy might be to lean on the evidence. Even if the defendant refuses to settle, we will likely win a lawsuit.
In high-profile cases, we might emphasize the potential public fallout. Many defendants, especially large corporate entities, want to avoid bad press from an injury case. Such defendants might be more willing to offer a good settlement if we can offer your confidentiality in exchange.
Accounting for Economic Damages in a New York Rib Fracture Settlement
Before negotiating a rib fracture settlement, we need to assess all your economic costs. A good settlement should help cover all your debts related to your injuries.
Medical Bills
Go to the hospital immediately after suffering a rib fracture in an accident. As you receive treatment, keep records of all your medical care and costs. Save all medical bills related to your treatment so we can make sure they are covered in a settlement.
Future Medical Care
A severe injury will likely require more extensive treatment over a longer period. You may incur medical bills after settlement negotiations are over. As such, we must make sure that future medical bills are included in the settlement. Our Albany, NY personal injury lawyers can talk to your doctor about the care you need, including future treatment.
Lost Income
A rib fracture may prevent you from returning to work. It can be a very painful injury that interferes with mobility, and returning to work might be impossible. The longer you cannot work, the more income you might lose, and the larger your settlement should be.
Future Lost Earnings
You may have lost a lot of income by the time settlement negotiations end, but you could continue to lose more after the case is over. Again, some people cannot work for a long time, and we must make sure all the income you lose, including future lost income, is included in the settlement.
Can You Get Compensation for Pain and Suffering in a Settlement?
You may claim extensive damages for the mental and physical pain and suffering you experience because of rib fracture injuries. These experiences are often unique to each person, and it is a good idea to keep a written journal or diary of your painful experiences while also seeing a mental health professional about any mental or psychological injuries.
What if the Defendant Cannot Afford a Settlement?
If a defendant refuses to pay or delays payment of a settlement, we can pursue their assets. We may obtain the money through a bank levy or by asking the court to garnish the defendant’s wages. We can also place a lien on the defendant’s property.
If the defendant wants to pay but cannot afford to, we may agree to alternative payment arrangements. For example, the defendant might agree to pay the settlement in monthly installments rather than a single lump sum.
Are Settlements for Rib Fractures Always Available in New York?
While settlements are common, they do not happen in every case. The defendant might refuse to settle if they believe they did nothing wrong. Settlements cannot be forced, and if the defendant refuses to offer one, we may have no choice but to take the case to trial.
Remember, a settlement may be offered and accepted at almost any time before the final jury verdict. If you are still interested in a settlement, the defendant might change their mind as the case moves forward.
When Should You Consider Rejecting a Settlement for a Rib Fracture Injury?
It may be a good idea to reject a settlement if it does not adequately cover your damages. We should already have an accurate idea of what your damages are worth. If a settlement offer is far too low, you should reject it and negotiate for more or go to trial.
You might also consider rejecting a settlement if the terms are overly restrictive. Confidentiality clauses may limit what you can say publicly about the settlement. If these terms feel more like a muzzle than confidentiality clauses, it may be a good idea to reject the settlement.
Can You Re-Negotiate a Settlement After Accepting it in New York?
Once you accept a settlement and it is finalized in court, there is no going back. If you have second thoughts about accepting the deal or realize your claims are worth more than you first thought, you cannot change the settlement terms. This is why it is so important that we fully understand all your damages before we enter negotiations.
Get Help Now from Our New York Personal Injury Attorneys
Request a free, confidential case evaluation from our Warwick, NY personal injury lawyers by calling Basch, Keegan & Spada at (845) 303-2748.