Blog Layout

9 Mistakes to Avoid During Settlement Negotiations – Advice from a Greenville Accident Attorney

May 24, 2016

Settling an injury claim is a legally complex process. You have to prove liability and negligence, and if the at-fault party denies fault or offers a low settlement, you may have to take the case to trial.

As the Department of Motor Vehicles explains, a small mistake during the settlement process could cost you thousands, or make it difficult to recover any compensation at all. Common errors include:

1.     Talking too much;

2.     Making recorded statements;

3.     Being too friendly;

4.     Lying or exaggerating;

5.     Providing your Social Security number;

6.     Signing a general release without an injury lawyer’s approval;

7.     Giving the contact information of friends and loved ones;

8.     Answering all questions

9.     And assuming you will settle.

If you were injured by a negligent driver in South Carolina, contact the Churdar Law Firm. Doug Churdar is an injury lawyer in Greenville who can evaluate your case to determine if you have grounds for a claim. He can handle settlement negotiations on your behalf and fight for the highest possible payout. Call 864-233-0203 to schedule a consultation.

Until then, read on to learn nine mistakes to avoid when negotiating compensation for personal injuries:

1. Talking Too Much

Over-explaining could harm your credibility. Loading your explanations with opinions can create factual contradictions. Just stick to the facts such as the date, time and location of the crash.

2. Making Recorded Statements

Giving recorded statements is unwise unless you have the approval of an accident attorney. The defendant’s injury lawyer or the insurance company may ask leading questions or use negotiation tactics to pressure you into making statements that threaten your interests.

3. Being Too Friendly

Although you should be polite during settlement negotiations, you do not have to be overly friendly. Be firm and professional, and demonstrate that you have confidence in your claim.

4. Lying or Exaggerating

If you are caught lying or exaggerating, you will immediately lose credibility. This will cast doubt on everything you have said about the facts of the claim. Although you do not have to provide unnecessary details, you should never lie during settlement negotiations.

5. Providing Your Social Security Number

If the insurer requests your Social Security number, you do not have to provide it. Your SSN will give the insurance adjuster access to your personal records, which may work against you.

6. Signing a General Release without an Injury Lawyer’s Approval

If you sign a general release, you may not be able to pursue further compensation for injuries, property damage and other losses. Sometimes insurance companies offer quick settlements, but you should not accept this without the approval of an injury lawyer. According to the South Carolina Statehouse , your doctor should decide when it is safe to sign a release.

7. Giving the Contact Information of Friends and Loved ones

If you willingly provide the contact details of friends and loved ones, the insurer or defendant’s attorney may reach out to them and look for evidence against you.

8. Answering All Questions

You are under no obligation to answer all questions that the insurer or defendant’s attorney asks. In fact, you should never answer questions without the approval of your injury lawyer. If you do not know an answer or you cannot remember, then do not answer.

9. Assuming You Will Settle

There is no guarantee that your claim will settle out of court. You may have to go to trial, so be punctilious in how you behave until your claim is finalized. For example, do not write posts on social media about your case.

If you have questions about injury claims in South Carolina, contact the Churdar Law Firm. Doug Churdar is a Greenville accident attorney who can help you navigate the legal system. Call 864-233-0203 to schedule a consultation.

January 5, 2018
In 2015, a motor vehicle collision occurred every four minutes in the state of South Carolina. Although most of these accidents did not result in serious injuries or death, the ones that did were life changing for the parties involved. Fortunately, South Carolina operates under a tort liability system, which means accident victims can pursue […]
December 27, 2017
If you sustain injuries in a motor vehicle collision that was not your fault, you can expect to receive a phone call from the other party’s insurance adjuster within a matter of days because South Carolina is a tort liability state. Although it is wise to let your lawyer do the talking, you may answer […]
December 20, 2017
It wouldn’t be a New Year’s Eve party without popping the cork off a bottle of champagne and toasting everyone in attendance. Although there is nothing wrong with ringing in 2018 over a few cocktails with friends, those who fail to do so responsibly and then drive themselves home afterward put everyone on the road […]
December 14, 2017
According to WBTW News 13, a collision between an ambulance and a pickup truck on SC 327 sent six people to the hospital with injuries. The accident happened on a Tuesday earlier this month at around 10:45 a.m. in Florence near E. Old Marion Highway. South Carolina Highway Patrol determined the ambulance was heading north […]
December 7, 2017
The fact that car accident injuries and deaths tend to spike around the holidays does not surprise most Americans. If you have ever had to drive more than a few miles to a relative’s house for Thanksgiving or Christmas, you probably got stuck in holiday traffic. More congestion can definitely lead to more collisions, but […]
November 29, 2017
In states like South Carolina, where the weather is fairly temperate year-round, motorists can expect to see cyclists riding on the road beside them often. Although there are a lot of advantages of pedaling whenever you can, there is one major drawback, and that’s the risk of serious injury should a collision occur. Accidents between […]
November 21, 2017
According to WSPA, a broadside collision that occurred on a Friday afternoon earlier this month resulted in one fatality. Police determined that a 59-year-old man was driving a sedan on Page Drive in Greenville County when he tried to turn onto White Horse Road. An SUV traveling north on White Horse Road struck the man’s […]
November 13, 2017
No one looks forward to traveling around the holidays, but doing so is essentially unavoidable if you want to spend quality time with your loved ones. Thanksgiving is one of the biggest travel days of the year, and as a result, motorists everywhere have a higher risk of getting into a fatal collision over the […]
November 10, 2017
On a daily basis, most Americans face dozens of scenarios in which they can sustain injuries at the hands of someone else either directly or indirectly. For example, simply driving to and from work puts you at risk of getting into a devastating motor vehicle collision with a drunk or distracted driver. Likewise, whenever you […]
October 26, 2017
Most motorcycle riders in South Carolina would agree that now is the perfect time of year for hitting the road. The temperature has dropped just enough that you can don all the essential safety gear without sweating, but it is not so cold that your knuckles freeze on the handlebars during long rides. Even when […]
More Posts
Share by: