RESOLVING YOUR PERSONAL INJURY CASE BEFORE TRIAL

RESOLVING YOUR CASE BEFORE TRIAL

The majority of personal injury claims do not make it to trial, but rather, resolve by way of settlement. Generally, they are resolved earlier in the claims process, through some means of negotiations. For instance, once both sides have an understanding of what they feel the claim is worth, it may be a good time to engage in settlement discussions. It’s not uncommon to sometimes have an informal settlement take place before any lawsuit is even commenced. Settlement is when the plaintiff concedes to give up their right to pursue the legal action or any further action in the future, related to the claim, in exchange for payment of an agreed-upon remuneration from the defendant or the respective insurance company.

If the other side has approached you to settle your claim, you should contact a lawyer to discuss whether or not it is a fair offer. More often than not, claims adjusters will low-ball unrepresented parties and mislead you to think that it is a great offer. A lawyer should provide you with a thorough assessment of the case, the merit of your case, and the fairness of the settlement proposal.

MERITS OF YOUR CASE

Adjusters and lawyers will look at a number of factors on each side of any claim. The legislation surrounding motor vehicle accidents can be complicated, and depending on your extent of injuries, your claim could be statute-barred if they do not meet a certain prescribed threshold.

One important factor when assessing your claim is the strength of your case. A common thread throughout the negotiation process is trying to anticipate what a jury may think of your case. Among other things, this would include whether you would make a good witness, or whether your injuries have been substantiated by the appropriate medical documentation.

COMPENSATION AND DAMAGES

Another theme that runs through any personal injury claim is what is your claim worth? Most often, at the outset of your claim it is too difficult to tell because your injuries are so fresh, and your prognosis for recovery may be unknown at that time. Therefore, one main reason the claims process can take longer than one would hope, is to allow for enough time to understand the extent of your injuries and what the future will entail for you. Your lawyer should ensure you receive the best possible compensation through substantiating your claims through medical documentation and expert reports, and preparing your case as if it were to go to trial.

A SETTLEMENT OFFER HAS BEEN PROPOSED—NOW WHAT?

The ultimate discretion of accepting or declining a settlement offer is your decision. Lawyers and adjusters on the other side have a clear motive to settle claims for as low as possible and will misrepresent and undervalue the claim for unrepresented parties. If you need legal advice about a settlement offer, please contact our law office for a free no-obligation consultation.