Many of the personal injury claims being tried or resolved are as a result of an accident or injury. Many of them don’t get to a civil court judge or jury. In most cases, they get resolved during the early phase of the litigation process.
This is usually done through settlement negotiation among all the parties involved. At times an informal negotiation may take place prior to filing a lawsuit and the parties will settle then.
Prior to the Settlement
When a settlement is reached, it means that the plaintiff has agreed to relinquish the right to pursue any future legal action as it relates to the particular injury or accident. In exchange, the plaintiff will accept a settlement amount that was agreed upon by all parties involved.
Is Legal Counsel Even Necessary?
Why do you need an attorney? A good personal injury attorney is knowledgeable about what to expect in a legal claim. So after reviewing the details, the attorney will provide an opinion and evaluation of your case. The attorney will let you know the likelihood of any settlement and estimate how much you could expect to receive. So, meet with an attorney first to discuss several things.
Case in Point
With an attorney, you should review:
- The strength of your case
- Different outcome for settlement
- The jury’s possible verdict
- Chances of winning the case
- Reasonable challenges that you may encounter
- Evidence in the case
- Monetary damages to expect in dollar amount
- Minimum amount that you will accept to avoid going to trial
- The insurance policy coverage of the defendant and its limits and/or restrictions
- Monetary resources of the defendant
Fees and Expenses
In most cases, the attorney’s fees are contingent upon whether your case is successfully negotiated or won at trial. Therefore, if you are concerned about the expenses associated with your case, you should sit with the attorney to calculate attorney fees and other expenses such as income tax payments after settlement.
Be advised that…This will allow you to decide whether a settlement amount is acceptable or not. Be open to give and take as well as the likelihood of accepting partial payment. This makes the negotiation process less stressful and you can get on with your life.
There are several other issues to consider in resolving a personal injury settlement. Do you want to endure any adverse publicity that could ruin your reputation? Is it better then to settle quickly to avoid that?
Things to Expect in a Trial
In addition, at trial, you will have all your personal life up for questioning and judgment in the discovery process. You may have to disclose information about your business and company trade secrets. The trial may also be lengthy, taking you away from your normal routine.
Be aware…You also have to consider whether the opposing side wants to play ‘hardball’ and are not willing to pay up.
Personal Injury Settlements
If you are presented with a reasonable offer for settlement, you should carefully consider it with the help of a good personal injury attorney. Sit with the attorney to discuss the details of your case. Jax Legal Firm with its seasoned and experienced civil attorneys will help you, but you must call them today!