Settling a personal injury case can get you the compensation you need quickly. A settlement allows you to avoid a lengthy (and often costly) legal battle.
But settling your case isn’t the best option for everyone, and you need to weigh the benefits and limitation of settling or taking your case to trial.
Working with the right personal injury attorney helps you determine the strategies that lead to maximum compensation so that you recover from your injuries and recover all losses.
When Should You Settle Your Case?
The majority of cases settle out of court and avoid the trial process even when a trial may lead to a larger amount of money for the plaintiff.
Managing legal risks is one of the best ways that your personal attorney can help you secure compensation.
There’s always a chance that you could lose in a trial. This could leave you with no compensation and the burden of expensive legal costs.
But even if you have enough evidence to support your claim, you may still receive a higher award even without going to trial.
Your attorney will help you determine the value of your case and your chances of obtaining a successful outcome.
Appeals and other actions can delay the trial process and add to the overall legal costs. This keeps you from getting the medical care you need or recovering any lost wages sooner than later.
The Settlement Process
Accepting a settlement too quickly is one of the biggest mistakes you can make. Failing to consult with a legal professional may cause you to overlook the strategies that get you the highest amount of compensation possible.
Settlements can be offered and accepted at any point after a claim has been made. A defendant may offer to settle a case after you’ve filed your lawsuit and before a verdict has been established.
This also means that you may receive a settlement offer while a jury is deliberating the evidence provided in your case. This occurs when the defendant realizes that you have sufficient evidence to win the case.
Your personal injury attorney will help you navigate this process so that you accept the right settlement at the right time.
If you accept a settlement offer, you’ll have to agree not to take any future legal actions against the defendant.
You’ll be asked to sign a liability release, and your attorney must review its terms to ensure that you’re fully protected throughout the settlement process.
Legal Factors to Watch Out For
There are many factors that impact the compensation you may receive and the likelihood that you’ll be able to achieve a successful personal injury claim.
Establishing liability is one of the first steps in making sure that you achieve the outcome and settlement you want.
Accident conditions and circumstances vary greatly. Your attorney will review all of the facts related to your case to determine how clear it is that the other party was at fault for your injuries.
If liability is difficult to establish, then it might be harder to prove your case. You may then decide to settle your case rather than take it to trial.
Some injuries take time to fully manifest. So accepting a settlement too early can keep you from getting the compensation that reflects the true extent of your injuries.
The type of defendant you face in a personal injury claim may impact your ability or willingness to settle your case. Insurance companies and large businesses have the resources to fight your claim.
Knowing who you’re up against helps you and your attorney decide the best option for your case. The initial negotiations may fail to satisfy either party, leading to more time required to settle a case before going to trial.
The right personal injury lawyer knows what to look for and how to increase the compensation you receive from your personal injury claim.