It is common to arrive at a personal injury settlement after an injury claim is made, but while most personal injury claims settle outside court, cases do go to trial if an agreement cannot be made.
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Personal Injury Settlement
A personal injury settlement arises when the plaintiff and defendant agree upon an offer of payment that justly compensate the plaintiff, and minimize the risks of the defendant. A settlement can be reached prior to a case being filed (through a demand for settlement) and up through jury deliberation on a verdict. Once the plaintiff and defendant reach a settlement agreement, the plaintiff will sign a release that limits their rights out of that specific injury producing incident. In addition, some plaintiffs often have to sign a confidentiality agreement which limits their disclosure of the settlement amount.
Personal Injury Settlement | Why
Most personal injury cases settle because it is expensive to take a case to trial and risky in not knowing how much, if anything, the jury may award the plaintiff in monetary compensation. Insurance companies tend to encourage settling personal injury claims to limit their out of pocket expenses related to legal fees and high jury verdict awards. Both parties tend to settle a case when it is hard to predict the outcome of a trial. A settlement allows the plaintiff a guaranteed payout. This means the plaintiff will be compensated for their injuries.
Personal Injury | Trial
A personal injury case will go to trial if settlement negotiations fail. If the defendant offers an unreasonable settlement, the case will likely go to trial. An experienced personal injury attorney will inform the plaintiff whether or not to accept an offer or take the matter to trial. Do not accept or reject a settlement offer without first consulting with your attorney.
Ordaz Law, APC | Personal Injury Settlement
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a personal injury lawyer in San Diego County. We help victims suffering from a variety of injuries, who have sustained their injuries through different types of injury producing events. We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses.
Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.
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Blog: Personal Injury