A personal injury settlement is an end to a personal injury claim. This is the agreement of a resolution between the plaintiff and the defendant. In some scenarios, both parties should settle; however, sometimes, it’s better to go to trial.
Settlement
A settlement is achieved through the negotiation of both parties, including their insurance companies. The claim and accident will be analyzed and if the defendant’s insurance company accepts liability for the accident, the plaintiff will receive an offer for a settlement to resolve their dispute.
The plaintiff can:
- Accept the settlement
- Negotiate for a higher price
- Reject the settlement, taking the case to trial
If the claim is rejected, a settlement is unable to be reached, and the plaintiff has the opportunity to file a personal injury lawsuit instead.
Advantages
There are many benefits to reaching a settlement agreement. A huge advantage to settling is the cost. Settling is cheaper than going to trial since a trial requires additional attorney fees, court costs, and other legal expenses.
In addition, a settlement is much shorter than a trial as a settlement can take anywhere between three to six months, whereas a trial can take up to a year. However, sometimes accepting a settlement is not your best option, as you should take your case to trial.
Rejecting a Settlement
Sometimes the settlement you’ve been offered is not enough to cover your expenses. Before you accept or try to renegotiate the settlement on your own, you should speak with a legal professional. They will inform you of your best options and may be able to recover expenses that aren’t included in the settlement.