After an accident, many victims feel like they have no choice but to prepare themselves for court. They think that appearing in front of a judge will be the only way to get the compensation they deserve. However, most plaintiffs are surprised to learn that they may never have to step foot inside a courtroom. This is because the majority of cases are settled outside of court. In fact, some cases may reach a settlement before a lawsuit is filed. Settling can get you the compensation you deserve, without going to trial.
What Is a Settlement?
A settlement is a legal term for when both parties in a lawsuit (i.e., the injured and the assailant) are able to reach a resolution in their legal case outside of court. This a can either occur before or after the trial has begun. In a personal injury case, the settlement is usually a monetary compensation for the plaintiff’s injuries.
Steps in Reaching a Settlement
Reaching a settlement is a process in itself. Generally, it will start off by sitting down with your attorney and determining how much your injury is worth. Factors that will be taken into account include medical expenses, property damages, loss of earnings, the nature and extent of injuries, mental and emotional damages and the effect the injuries have and/or will have on the person’s lifestyle. After you have determined how much compensation you should receive, your attorney will start gathering evidence. This includes witness statements, police records and medical documents.
Once all the evidence is gathered, negotiation will start. Your attorney will present the other party with your desired settlement.
This can start a long process of back and forth, with both sides presenting counter offers in an attempt to reach an agreement. If no middle ground can be met, then both parties may meet with a mediator. This is a neutral attorney who is designated to help both sides settle. If a settlement can still not be reached, then the case will be decided in court.
Call LMW Attorneys
Every case is different, and so no two people will go through the same settlement process. What is most important is that you receive the compensation you deserve for your injury, and never settle for less than you are worth. Most people have no idea what the value of their case really is. At LMW, we will apply our three decades of experience to evaluate your case and will work vigorously to make sure you get the most out of your settlement. And if needs be, we will fight for your rights all the way to court. Contact the attorneys on your side; call LMW today!