Personal Injury Settlement

It might sound astonishing that most of the injury accidents claims don't go to court. In fact, most cases have a personal injury settlement before or after an arbitration. Once a plaintiff files the lawsuit, both the parties can negotiate with each other, on their own.

Negotiating saves you from many complications. It is worth mentioning that each injury case is different from the other. Therefore, you should consider all the factors which may arise. In this article, we have briefly discussed both the aspects of settlement; arbitration and going to court.

Personal Injury Settlement before Lawsuit

There are many advantages by settling your case without going to court. For instance, the compensation process takes less time, and you don't have to pay a lot of money to the attorney for his services. Here, we have briefly discussed some of the benefits by arbitrating your case outside the court:

  • Fast Compensations: A surprising aspect which is associated with the settlement outside the court is that you get to obtain your compensation much quicker.
  • Less Attorney Fee: Secondly, you don't pay a lot of money to the lawyers in term of their cost when you decide to settle the case on your own.
  • No Court Proceedings: When a case is filed in court, you will appear before the judge or jury on a given date. But in this situation, you don't need to go to court.
  • Win-Win Situation: Lastly, the biggest benefit which you can enjoy with this type of settlement; is that you won't face a decision by the judge/jury.

Demand Letter before Court

If you have decided to settle your case outside the court, then the first thing which you need to do is start the negotiation with the opposite party via a Demand Letter. With this demand letter, you let the other party know that you are willing to settle the dispute outside the court.

Drafting a demand letter is a straight forward task. You need to undertake extensive evidence. Quick note, proof of your accident strengthens your case. Next, you must inform the opposite party (defendant) about the case. The demand should contain all records of expenditures. For instance, medical bills, surgeries, loss of income and therapies. To prepare this document is a long process.

Take note; physicians may charge you for information about your accident injuries, you must include that in the settlement. Secondly, if you have lost any income because of the damage caused by the other party, then you can add it to the document as well. Lastly, you can include the reparations for psychological traumas too in the demand letter.

Once you have finished including all the information and records regarding the money you have spent on bills etc., write a brief and to-the-point demand letter. You should write the letter in chronological order with each date mentioned along with the incident. Moreover, you should also add some details of the scenario which occurred at the time of the incident. It is better to mail the medical bill details along with the demand letter so that other party can be persuaded into settling the case.

Once you have completed - as mentioned above, the next phase includes personal injury settlement talks which involve negotiations. Always ensure your lawyer accompanies you on these discussions so you can get the compensation you deserve.

Going to Court After Arbitration

If you don't want to settle your dispute through arbitration, then you can go to court. Moreover, if the other party doesn't respond to your demand letter in a reasonable manner, even then you should take the matter to court.

There are certain steps which you need to follow if you want to get your case settled through a court trial:

  1. The first step is to file the lawsuit in the court. To do so, you must write a complaint and send it to the court. You must also send that same document/copy to the defendant. Responding to your case, the defendant will respond in the court within a span of 20 days.
  2. The second step is the Discovery process. In this process, you will gather all the details regarding your case. You will send interrogatories to the defendant and will ask for documents as well. The defendant will also ask you questions through interrogatories and can also seek records you have.
  3. Furthermore, you can get all the information registered through the testimony of the witnesses. The witnesses testify their statements which can be used as evidence in the court as well.
  4. The last step of the process involves a trial. During a trial, a jury or a judge will hear to both the parties and will come up with a decision. A trial is the lengthiest process of all if you take the matter to court instead of a personal injury settlement.

Settlement Between the Parties

One thing which you should know here is that you can enter an arbitrary settlement at any time during this whole process. For instance, if you have gathered all the evidence and your case is in the trial process in which jury is listening to both the parties, you can still come up with a settlement on your own. Because of this, the court will dismiss your case immediately.

Seek Professional Help from a Lawyer

It is paramount to obtain the help of a professional Personal Injury Lawyer who has the experience to get the settlement you deserve.