Settling a Personal Injury Lawsuit Before Going to Trial
Recovering damages for injuries caused by an accident does not always require a jury verdict. Often times, a victim files a lawsuit and, with the help and advice of a personal injury attorney, will enter into negotiations to reach a settlement with the defendant, which can result in financial recovery.
Advantages of settling a personal injury claim
There are several advantages to settling a personal injury claim before going to trial, including:
- Lower Cost : Although personal injury attorneys are typically paid a percentage of the recovery negotiated with the client, court costs, including expert witness fees, are often greatly reduced and all costs for Settling a personal injury case is usually less than if it goes to trial.
- Faster Resolutions - Settling parties in a personal injury claim are freed from the constrictions of bulky court paperwork and can be arranged at any time. Plaintiffs typically receive their damages sooner if they settle than if they go to trial.
- Control - Negotiating a personal injury claim out of court allows you to stay in control. You do not have to agree to a settlement unless you think it is in your best interest. You will not be at the mercy of a judge or jury to decide the outcome of the case. This feeling of control often reduces stress for the parties to the lawsuit and can increase their satisfaction with the resolution of the case.
How to negotiate a personal injury claim out of court?
The first steps in negotiating a personal injury claim are the same as those taken when it is your intention to litigate you. It is important to consult with a personal injury attorney who can gather and analyze the evidence in your case, present your case to court on time, and advise you of the potential damages to which you are entitled.
Before beginning settlement negotiations, it is important to understand the potential damages you can recover and to know if your case is valid. This knowledge will help you make a strong case during negotiations and recognize the offer of a fair settlement if the other party presents it.
Once your personal injury attorney has prepared you for negotiations, then you can talk to the other party about a settlement. Sometimes these talks occur informally between attorneys over the phone or, especially in cases that have a high potential for damages, settlement talks may include a neutral third party helping the parties reach a resolution during a session. formal as an arbitrator or mediator.
The decision about a settlement in a personal injury case is inherently personal and dependent on certain factors, such as the underlying injuries. For example, many settlement contracts require both parties to keep information confidential. A plaintiff who seeks to hold a defendant publicly liable for his injuries may, for this reason, not want such a settlement. If you have questions about the pros and cons of resolving a personal injury claim through a settlement, then it is important to contact an experienced personal injury attorney as soon as possible to discuss your options.
Talk to a Qualified Personal Injury Attorney Today
This article is intended to be helpful and informative, but legal matters can be complicated and stressful. A qualified personal injury attorney can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local personal injury attorney to discuss your unique legal situation.