Most Personal Injury Cases Settle Before Trial (CA)
- Multiple Chances to Settle: Before Lawsuit, During Litigation, & Even Pre-Trial.
- Maximize Settlement Value: Seek Medical Care, Document Everything, & Work with Experienced Attorneys (GJEL Accident Attorneys).
Read the full article for details on the various stages where you can settle your personal injury case in California. Learn how GJEL Accident Attorneys helps maximize your settlement value through a strong case presentation.
All clients want to know: will there be an opportunity to settle their case short of a personal injury trial? The short answer is yes, there will be a number of them. But let me tell you what has to happen first.
Initiating Your Claim
When we open your case, we investigate the accident and communicate with the relevant insurers. Medical records and your providers’ assessment help us understand how the injuries affect you and what future care may be needed. Settlement discussions and other legal work can continue while that information develops.
Medical evidence helps evaluate your losses and future needs. Follow your providers’ advice and keep records of treatment, hospital visits and the ways the injuries affect daily life. Your lawyer can explain what additional information is needed to assess a demand or an offer.
Demanding a Settlement and Opening Settlement Discussions
Medical stability can help clarify future needs, but it is not a universal prerequisite for discussing settlement. We can use the available medical records, bills and wage-loss evidence to assess the options while monitoring filing deadlines.
Because valuating your claim and the full extent of your damages can be difficult to do, especially when it comes to the value of your noneconomic losses, we may need to work with a number of professionals who can help us to determine exactly what your claim is worth and how much a settlement should be. Experts who may help us to determine a settlement amount, and who may be called upon to speak to the extent and lasting effects of your injuries, include financial professionals, doctors, and mental health professionals.
Mediation & Negotiation to Reach a Settlement
A negotiated resolution can avoid the cost and uncertainty of trial. Filing may still be necessary to preserve a claim or develop the evidence, even while negotiations continue. The decision to file depends on the circumstances and applicable deadlines, not on exhausting every settlement discussion first.
Sometimes, settlement discussions won’t come until we’ve already filed your lawsuit and we’re into the litigation process. If we are, normally, both sides will agree to sit down with a neutral third party called a mediator and have settlement discussions to see if your case can get resolved at that point. If for some reason it doesn’t, there’s always an opportunity for attorneys for both sides to keep discussing settlement all the way up to trial, and even during trial. Settlement talks can overlap with other legal work. Our lawsuit timeline shows how negotiations, discovery and trial preparation may proceed together.
Again, going to trial is not the ideal situation, as it is costly for both sides, can take months for a trial date to be set, and has an unknown outcome; both parties usually prefer reaching a settlement agreement on their own rather than having a judge issue a decision. However, in some cases, a trial is the only way for a person to recover the compensation that they deserve for their injuries, and it may be necessary.
Settling a Case Prior to Trial
So yes, in conclusion, there are numerous opportunities to settle short of trial. When you hire our experienced personal injury attorneys at the offices of GJEL Accident Attorneys, we will work hard to build a convincing case that is successful in obtaining you a fair settlement offer as early as possible, without going to court. If for some reason an out-of-court settlement cannot be reached, you can take comfort in the fact that our lawyers have trial experience, and are prepared to go to court and litigate on your behalf if need be. Contact us today to learn more about why working with our team is a smart choice when you have been injured.
Written by Andy Gillin. Last Updated 04/15/2024