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Legal Help and Information for Injury Victims

Personal Injury - Stages of a Case
Settlement

Settlement


Most legal claims arising from accidents or injuries do not reach a civil court trial; they are resolved earlier through a negotiated settlement among the parties. An informal settlement can even take place before any lawsuit is filed. Through settlement, the plaintiff in a personal injury case agrees to give up the right to pursue any further legal action in connection with the accident or injury, in exchange for the payment of an agreed-upon sum of money from the defendant or an insurance company. Rarely, instead of paying money the defendant will agree to perform (or cease performing) a certain action.
If you are considering settling a legal claim after an accident or injury, or if you have received a settlement offer, you should talk to your attorney and receive his or her thorough assessment of the case and the prospects for settlement. Consider the following points:
  • Amount the case is worth in a range of dollar amounts.
  • Verdicts and settlements in similar cases.
  • Odds of winning at trial.
  • Unfavorable publicity for either side.
  • Amount of personal information that could be revealed at trial or through further discovery.
  • Possible disclosure of business information or trade secrets.
  • When the case is likely to be called for trial.
  • Practical difficulties in trying the case.
  • Weaknesses in your evidence.
  • Weaknesses in your opponent's evidence.
  • The amount of the defendant's insurance coverage.
  • The defendant's own monetary resources.
  • The defendant's lawyer's negotiation tactics.
  • If you are the plaintiff, ask how much of the settlement proceeds will be applied to your lawyer's fee and your expenses.
  • If you are the plaintiff, ask how the settlement payments will affect your federal and state income taxes.
  • What you are willing to concede in order to get the case settled.
  • Discuss the minimum amount you will accept.

If you think you might have a Personal Injury case, Contact our Personal Injury Lawyers Immediately for Help.


Personal Injury Resource Center

  • First Steps
    Actions one should take immediately following an injury or accident
  • The Language of Accident and Injury Law
    A glossary of common terms and their meanings.
  • Stages of a Case
    Outline of the stages of a personal injury case.  This includes contacting a lawyer, finding facts, settlements, trials, and collecting damages. 

     

  • Fault and Damages
    An overview of fault and damages in a Personal Injury lawsuit.




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