Settlement
Most legal claims arising from accidents or injuries do not reach a civil court trial; they are resolved earlier through a negotiated personal injury 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 personal injury 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
Find a Personal Injury Lawyer by State
