settlement

Should You Handle Your Own Settlement Negotiations?

July 2, 2021 | Benjamin S. Persons, IV

If you have suffered an injury in some kind of accident, is it a good idea to handle your own settlement negotiations? Some people think so. They can see themselves saving the cost of an attorney, and they might have a job that they believe gives them the ability to negotiate a settlement for their injury. No matter what your background is, however, unless you are a personal injury attorney, it is unlikely that you have the experience and knowledge necessary to successfully negotiate a satisfactory settlement. You might think you are a shrewd bargainer, but you will be facing an insurance adjuster or the other party’s attorney – or both – who have been a part of dozens, if not hundreds, of such negotiations, while you will be involved in your first. Still like your odds?

Most Personal Injury Cases Settle

You will only get one shot at a good settlement, so it makes sense to do everything you can to get the best settlement possible. That probably does not involve you handling negotiations yourself. Virtually all aspects of life have become more complex, and the legal system is no different. It is unlikely you have the skills or knowledge to successfully handle your own legal case, including settlement negotiations. Nothing personal, but that is the way things are these days.

Court of Appeals Reverses Award of Defense Legal Fees Following “Ambiguous” Settlement Offer

February 28, 2020 | Benjamin S. Persons, IV

In 2005, Georgia added what is now known as the “offer of settlement” rule to its personal injury law. This rule allows defendants to recover their legal fees even in cases where the plaintiff wins their case. Essentially, if the defendant offers to settle the case before trial, the plaintiff rejects that offer, and the jury returns a verdict that is less than 75% of the offer, the defendant can ask the judge for an award of fees.

CaseMetrix LLC v. Sherpa Web Studios

The offer of settlement rule only applies to tort claims. It does not apply to other types of civil lawsuits, such as breach of contract. And any settlement offer needs to be clear on this point.

Ga. Court of Appeals Rules Family Accepted Binding Settlement Offer Arising From Fatal 2014 Accident

February 21, 2020 | Benjamin S. Persons, IV

It is not uncommon following an auto accident for the negligent driver’s insurance company to make a settlement offer. If the victim accepts the offer, that forms a legally binding settlement agreement. In other words, if the victim later tries to back out of the deal, the insurer has the right to go to court and seek enforcement of the original settlement.

Barnes v. Martin-Pierce

This is exactly what happened in a recent case before the Georgia Court of Appeals, Barnes v. Martin-Prince. This case involves a fatal 2014 car accident. The defendant in this case was driving her car when she “crossed over the centerline of the highway into oncoming traffic and collided with” another vehicle, according to court records. The driver of the other vehicle, a 62-year-old man, died from his injuries. Police later arrested the defendant for DUI and vehicular manslaughter. She would plead guilty to those charges and receive a seven-year prison sentence.

How do You Settle a Personal Injury Claim with an Insurance Company in Georgia?

September 7, 2018 | Benjamin S. Persons, IV

Georgia law creates a mechanism to settle personal injury claims arising from a motor vehicle accident prior to the filing of a lawsuit. Under this law, a settlement offer made by one party to the other must contain the following terms:

a time period to accept the offer, which may not be less than 30 days after it is received by the other party;
the amount of money to be paid;

Can You Accept a Car Accident Settlement Three Years Later?

July 27, 2018 | Benjamin S. Persons, IV

It is common practice following a Georgia car accident for the victim to negotiate a settlement with the negligent driver’s insurance company. Typically, the insurer agrees to settle for the policy limits in exchange for a “release of all claims” arising from the accident. Either party may also impose a deadline for the other to accept the terms of the settlement.

DeMarco v. State Farm Mutual Automobile Insurance Company

The Georgia Court of Appeals recently examined an unusual case involving the widow of a deceased accident victim who attempted to enforce a settlement agreement three years after the fact. The accident itself occurred 11 years ago, in July of 2007. The victim’s car was knocked by one vehicle into a third vehicle. The victim subsequently sued the owner and driver of the third vehicle for damages.

Georgia Court Reverses $700,000 Auto Accident Verdict

June 8, 2018 | Benjamin S. Persons, IV

Despite what you might think, most auto accident claims are settled out of court between the injured victim and the negligent driver’s insurance company. Only when settlement negotiations break down will a plaintiff normally resort to litigation, which requires a significant commitment of time and resources. In many cases, it is the defense’s unnecessary delays that cause the settlement talks to fail in the first place.

Stephens v. Castano-Castano

Consider this recent decision from the Georgia Court of Appeals. This case began when a defendant failed to respond in time to a settlement offer. Although the plaintiff proceeded to trial and won a substantial jury verdict, the Court of Appeals ordered a new trial based on an erroneous ruling by the trial judge.

Is a Settlement Binding if the Insurer Mails the Check to the Wrong Address?

July 28, 2017 | Benjamin S. Persons, IV

Dealing with insurance companies following a car accident often involves a good deal of back-and-forth negotiations. If you are the victim seeking compensation, you have the right to make a conditional offer, that is, to release some or all potential claims against the insured person in exchange for a timely payout. Typically this payout will be for the maximum benefits provided under the insurance policy.

Grange Mutual Casualty Company v. Woodard

What if you condition a settlement offer on receiving payment the insurer sends but is not received by the specified deadline? A federal appeals court in Atlanta recently addressed this question in a case arising from a tragic 2014 car accident here in Marietta.

Insurer Not Liable For $1.2M Judgment in Fatal DUI Accident

October 9, 2016 | Benjamin S. Persons, IV

Most car accident lawsuits in Georgia are handled by the negligent driver’s insurance company. If an insurer refuses to settle a personal injury claim “in bad faith,” said insurer may be liable for any judgment against the insured in excess of the policy’s normal limits. In other words, the insurance company may not place its own interests ahead of those of its policyholders by dragging its feet to avoid settling an apparently valid personal injury claim.

Linthicum v. Mendakota Insurance Company

But an insurance company’s obligation is only to act reasonably when attempting to negotiate a settlement. It is not necessarily liable just because no settlement is reached. A recent decision by a federal judge in Savannah illustrates this point.

When Does an Insurance Settlement Offer Become a Binding Agreement?

June 30, 2016 | Benjamin S. Persons, IV

Dealing with insurance companies is often the first legal issue that needs to be managed following a car accident. While many cases are amicably resolved with insurers without the need for litigation, accident victims always need to tread carefully lest they inadvertently sign away their legal rights. As a recent Georgia Court of Appeals decision illustrates, when you propose to settle a case you must be prepared to live with the consequences.

Partain v. Pitts

The plaintiff and defendant in this case were drivers involved in a car accident. The plaintiff sued the defendant, alleging the latter’s negligence caused the accident and the plaintiff’s resulting injuries. Four days after filing suit, the plaintiff’s attorney sent a settlement letter to the claims adjuster for the defendant’s car insurance carrier. The letter said the plaintiff would agree to sign a limited liability release in exchange for $50,000, which was the coverage limit of the defendant’s insurance policy. The letter further said the offer would only remain good for two weeks, and the plaintiff’s attorney had to receive a check by the deadline, otherwise the settlement offer was rescinded.