Most legal claims that arise from a crash or injury never see the inside of a courtroom. These types of cases are generally resolved much earlier in the litigation process through a negotiated settlement among all parties to the case. Sometimes a settlement occurs pre-suit—or before a lawsuit is filed—and eliminates the need to get the court involved. A settlement agreement typically requires that the plaintiff give up his or her right to pursue any further legal action in connection with the claim in exchange for payment of a mutually agreed-upon amount of money from the defendant or the insurance carrier.
If you or someone you know is considering settling a personal injury case or if you have received an offer of settlement from the other side, make sure you speak to an experienced attorney before you sign anything.
Evaluating Your Case
There are several factors that should be considered when contemplating settling a personal injury case, whether pre-suit or in the middle of litigation. Specifically, you should evaluate the:
Strengths of the case: Some things to consider include the jury verdict and settlement results in similar cases; your chances of getting a favorable outcome at trial; any logistical issues in trying the case; the strengths and weaknesses in your and the other side’s case; and
Money and Damages: You should seriously think about the minimum amount you are willing to accept to end the case and avoid a trial; ask what your attorney believes the case is worth and what the expectations are in terms of a potential damage award at trial; what the policy limits are of the defendant’s insurance coverage; any other monetary resources the defendant may have available.
Other Issues to Consider
Beyond these two important topics, a plaintiff considering settling a personal injury case should also consider how much of the settlement proceeds will be applied to attorneys’ fees, expenses, and taxes. Additionally, there are general concerns that someone may have regarding continuing litigation of a case. Civil court trials are open to the public, which opens the door to media coverage and criticism. Likewise, there may be a personal concern regarding the amount of information that may be revealed at trial or through discovery.
To be clear, a plaintiff thinking about settling a case should understand that settlement is a negotiation. The case is argued often based on specific facts, case history, as well as verdicts and settlements of similar cases. Generally, when settlement negotiations are successful, each side leaves the table less than completely satisfied because compromises were made to get to an agreed-upon amount.
Nevada Personal Injury Help
If you or a loved one has been seriously injured in a Nevada auto accident, or has suffered any other type of personal injury due to another’s negligence, contact Parry & Pfau today for an initial consultation of your case. These attorneys will aggressively fight for the compensation to which you are entitled. Do not hesitate. Make your appointment today by clicking here.
(image courtesy of Yeshi Kangrang)