When it comes to your injury case, your lawyer takes both formal and informal steps to settle anything in your favor. This process is typical to clients who sustained injuries after accidents. The vast majority of personal injury cases settle before trial. There are reasons for this, with advantages for both the injured person (the plaintiff) and the at-fault party (the defendant). In this post, we tackle how a personal injury lawyer will likely negotiate a settlement on behalf of a client.
When Do Personal Injury Settlement Talks Start?
Settlement discussions usually begin before the start of a personal injury lawsuit. But if these pre-litigation conversations fail, the client and their injury attorney may feel that they have no choice but to take legal action. Only when each side of the personal injury scenario is comfortable with the details and the clues will they become seriously involved in settlement negotiations. Discussions about a judicial resolution of the matter will usually continue throughout the process. Settlement talks can also intensify right before trial or after a judge rules on a pre-trial motion, such as a motion for summary judgment or an action “in limine.”
However, in most cases, serious settlement negotiations begin after each side completes its “discovery.”
Who Negotiates a Settlement?
Typically, the plaintiff’s attorney will conduct direct settlement negotiations with the defendant’s attorney. However, since an insurance company will usually write a check if the plaintiff wins or the situation is resolved, the defendant’s insurance policy will usually be included in the negotiations. Whether or not you participate in settlement discussions, the final decision to accept or reject a settlement agreement rests with the clients (plaintiff and defendant). When a lawyer takes your injury case, he or she is ethically obligated to present any defendant’s settlement offer of compensation.
What Happens After the Case Settles?
Once both parties agree to reimbursement, they validate the terms and prepare a settlement agreement. The exact provisions included in the contract will vary from case to case. Still, the defendant agrees to pay a certain amount of money in return for the plaintiff agreeing to end the lawsuit and give up the right to sue the defendant again for the same claims. There may be additional provisions regarding the confidentiality of your settlement terms, the release of liability, and how the defendant pays for the plaintiff.
After each side signs the settlement agreement, the defendant or the defendant’s insurance company will write a check to the plaintiff’s attorney, and the case is complete.