If you have been injured due to someone else being negligent, there are two ways that you can be compensated from the party at fault; to be offered and accept a settlement for your personal injury outside of court or go through a civil lawsuit process.
You can ultimate profit more if you choose to go to court, majority of people with personal injury cases will settle prior to their trail date and often times, before the lawsuit is even filed.
Understanding Personal Injury Settlements
A settlement will occur when an insurance adjuster, or the person or company you are suing, makes you an offer of payment. This normally happens at any point during the process from filing paperwork to going to court. In some cases, settlements can even be reached after trial and while the jury Is deliberating. Once a settlement agreement is reached, the plaintiff must know that he or she has relinquished all claims against the defendant. The plaintiff will then sign a full liability release.
The insurance companies will most likely offer you a settlement as quickly as possible because you are most likely able to settle with the lowest amount possible. It’s important that you do not accept any settlements at this time in order to make sure that you get the best settlement that is long term.
Why Do Most Personal Injury Cases Settle?
The reason that most people will settle a personal injury case could occur for many reasons. Here are a few to consider:
Reason #1: Settlements allow a defendant to control risks and avoid paying legal fees
If the defendant knows that they are at fault in an accident that caused an injury, the defendant may not want to case to go in front of a jury that may be sympathetic which will ultimately give the plaintiff the win.
Reason #2: Settlement may allow the defendant to keep the case out of the public eye
If a company is trying to build their business or they are already popular, they may not want a negative trial to get in the papers or on the news. They will settle to keep this from happening.
Reason #3: Settlement allows a plaintiff to avoid a protracted trail
Trials can go on for months and this can ultimately affect the outcome, as per personal injury lawyer in Waterdown. A plaintiff may not want to go through a lengthy trial in order to receive compensation if they are eventually awarded It.
Reason #4: Settlement allows a plaintiff a guarantee win
When a case goes out of the courts, there is a change that the plaintiff will lose the case and ultimately receive nothing as a result.