Guide to Accident Settlements

 

One of the lesser-known facts about personal injury law is that most cases settle without going to trial. Many times, a fair settlement can be reached between the injured victim and the defendant’s insurance carrier without anyone appearing before a judge or testifying in court. Only if the parties can’t agree upon a settlement will your case proceed to trial.

With that in mind, it’s still important to approach—and prepare—your case for trial, even though you may settle out of court. It may be helpful to get a basic grasp of the personal injury settlement process, which is basically the same no matter what type of accident caused your injuries.

 

Meeting with an Attorney

Although the law doesn’t require you to be represented by an attorney, having an experienced lawyer to guide, advise and advocate for you throughout this process is highly beneficial. Working with a personal injury lawyer can help you to maximize your settlement. Additionally, having a legal team to handle the mountains of paperwork, investigate your accident and answer all your questions will allow you to focus on your physical recovery.

Most personal injury firms work on a contingency basis, meaning your lawyer will receive a portion of your settlement. This means two things:

1. You don’t have to pay your attorney out-of-pocket; he or she will only be paid if you receive money for your injuries.
2. When you meet with a lawyer to discuss your case, he or she will honestly advise you whether you have a strong claim or not. If the circumstances of your case mean you are not likely to be entitled to compensation, you’ll know before investing your time and energy into the case.

Our firm offers free case evaluations, so if you’re not sure whether you have a case, don’t hesitate to ask us.

 

The Complaint

Once you decide to move forward with your personal injury case, you’ll file a complaint, or petition, outlining your claim. This document will identify the parties involved, state your claim, and relate the basic facts of your case.

 

Summons and Answer

The court will issue a summons to the defendant, notifying him or her of your complaint. The defendant then has a set time period to respond to your claim. This response is called an “answer”. The answer will respond to each paragraph in your complaint, usually with one of three replies:

• Admitted
• Denied
• Insufficient knowledge to admit or deny

The answer may also offer defenses, or legal reasons why the defendant should not be held legally responsible for your damages.

 

Investigation and Discovery

During this phase, your attorney—and the defendant’s lawyer—will investigate the facts and circumstances surrounding your accident. It is imperative that you disclose everything you know about your case to your attorney. Your lawyer can’t do his or her best without access to all the information available.

Assume that every fact and document, whether it helps or damages your case, will become known during discovery. Discovery can be time-consuming, invasive and frustrating, so be prepared for intense scrutiny.

 

Negotiating a Settlement

Once both sides have compiled their facts, documentation and witnesses, both parties will enter into settlement negotiations. By comparing the facts of your case to similar cases, your lawyer has already determined how much compensation you should be entitled to. Similarly, the defendant’s legal team, usually an insurance adjuster, has determined how much they’re willing to pay for your injuries.

 

Settling out of Court

The purpose of these negotiations is to arrive at a settlement amount both sides find acceptable. By settling without going to trial, both parties can save a great amount of time and expense. The wait to bring a case to trial can be as long as several years, and court costs can mount quickly.

The good news is that it’s likely the defendant prefers settle out of court just as much as you do.

 

Taking Your Case to Trial

If the parties can’t agree on a settlement, your attorney will prepare your case for trial. Both sides will present their case, and the court will determine the outcome.

 

Still have questions? Call us any time for a free consultation with an experienced attorney:(212) 228-1331.