Lawsuit Settlements: Content provided by LawLeaf a lawsuit funding service.
When a victim of a personal injury is involved in an accident due to the negligence of another they have certain legal rights. They have the right to seek advice from an attorney and the right to file a lawsuit against the negligent party. Lawsuit settlements are defined as two parties coming together by mediation or arbitration in order to resolve their difference without a legal hearing. A settlement involves both parties agreeing on a set amount of compensation for damages. The compensation that is paid to the victim will satisfy all expenses related to the claim.
The compensation that requested by the plaintiff may include medical expenses, pain and suffering, out of pocket expenses, property damages, physical therapy, ongoing medical expenses and other costs directly related to the incident. If the plaintiff accepts the lawsuit settlement he will not be able to recoup additional compensation at a later date.
In some cases a person may handle their own lawsuit without the help of an attorney. This is most common with car accidents. The plaintiff can negotiate a settlement with the insurance company without legal representation. Lawsuit settlements for car accidents are probably the most common lawsuit in personal injury law. For those individuals who hire legal representation the attorney will negotiate on behalf of their client. The ultimate goal of a personal injury attorney is to get full compensation for the lawsuit settlement. If negotiations fail and a lawsuit settlement can’t be reached, the attorney will file the case with the courts.
Once a case is filed the two parties will meet in front of a judge to resolve the dispute. If the plaintiff elects to have a hearing by a jury they may do so during the filing stage. If a lawsuit settlement does not occur personal injury cases can take years before compensation is paid to the plaintiff.
A plaintiff is more likely to have their case settle before it reaches the court.