Personal Injury Lawsuits –
When Do Settlement Discussions Begin?
If you have been injured in an accident due to the
negligence or carelessness of another person, you have the rights to claim
personal injury compensation. This type of claim covers a range of incidents
and allows you to obtain a financial settlement that covers the costs of your
injuries. However, only a few of these personal injury lawsuits reach the court
as a majority of lawsuits are settled before trial. Continue reading to learn
about when settlement discussions, actually begin.
Settlement Discussions
Settlement discussions only begin after the defense attorneys
review your case and complete their pre-trail investigation. This investigation
includes depositions and interrogations. Insurance companies hardly ever
interfere during the whole process, as they avoid engaging in serious
settlement negotiations if they do not have all the information and facts they
require to make a decision.
In more intricate cases, defense attorneys will not carry
out discussions on settlement until and unless your lawyer (plaintiff’s lawyer)
has identified witnesses for the case. This is because defense attorneys
consider it appropriate to wait and see if the plaintiff’s lawyer has done any
digging which is required to make the case stronger and ready for trial.
In some cases, defense attorneys may file a motion for
summary judgment. This motion is carried out to dismiss the lawsuit. In these
cases, the defendant’s lawyer will not engage in any settlement discussion
until the court rules the decision on the motion. If granted, the case is over
and will be dismissed. However, if the court refuses the motion, matters get
serious and a decision will have to be made on the settlement.
In other cases, defense attorneys may agree to start serious
settlement discussions while the court is still in the process of considering
the motion for summary judgment. Every case is different in settlement
negotiations. Mainly the defense attorney and the insurance company hold all
the cards for discussing a settlement. If they do not begin serious settlement
discussions, the plaintiff’s attorney and the plaintiff will get nowhere receiving
any settlement.
In small cases, especially in which the lawyers are friends
or know each other, they may just talk over the phone and discuss an
appropriate settlement. However, in more complex and larger cases, clients and
their lawyers will have to attend mediation in which both parties will have to
reach a settlement, one way or the other.
Why Hire a Professional Personal Injury Attorney?
Professional attorneys are well aware of the whole lawsuit
process and will guide you throughout. These attorneys will also make sure you
receive appropriate financial compensation for your injuries, as they are
experienced in what they do, and don’t appear too eager to talk settlement in
front of the defense attorney. This way the ball is always in their court and
they only settle if the defense attorney makes an appropriate offer.
As you can see, things can get complicated when settlement
discussion begin. So, the best option is to contact a professional law firm,
such as Litvin Law Firm, and hire Gennady Litvin, a professional lawyer who
specializes in personal injury cases. This way you can ensure you get your dues
and receive appropriate financial compensation for your injuries.
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