Personal Injury Lawsuit Settlement Discussion
It may sound surprising but a personal injury lawyer’s involvement in the case may make the lawsuit filing process a little bit complex and lengthy. The lawyer unleashes an array of legal weapons and polishes those with his or her skill and experience to ensure the best possible deal through successful negotiation with the defending party and/or the representing attorney.
If you have sustained an injury due to someone else’s fault, you deserve a fair and full compensation that will cover your medical expenses and lost wages for the period when you are undergoing your recovery process, and possibly even pain and suffering (non-economic damages). The Buffalo personal injury lawyers at Richmond Vona, LLC are advocates for their clients – to be the voice and support of the injured out of the financial crisis brought upon them by someone’s careless action or inaction.
A personal injury lawyer will enquire if you were in any way responsible for the injury and how much the other party was responsible for the same. Go through the write-up to understand how a personal injury lawyer settles a case.
Did you suffer injury at your workplace?
You may sigh with a BIGH RELIEF that not all the personal injury cases are tried in courts and many of these are settled through out-of-court negotiation. Keeping a personal injury case out of court trial and thus, not awaiting the jury’s verdict benefit both the injured and the defendant.
When will discussion start for settlement?
Filing a civil lawsuit does not necessarily start settlement discussion. It will not start until the defense lawyer is done with all of the pre-trial and prime investigations to discover the TRUTH. Interrogation and Depositions – these are two discovery tools. Insurance companies usually don’t engage themselves into serious negotiation talks until they gather all the facts required to take a decision.
If the personal injury cases involve more complexities, defense lawyers might reject an appeal for serious settlement-related discussion until after the claimant’s attorney has identified the witnesses in the claimant’s favor. The defense lawyers adopt the ‘Wait & Watch’ formula because they curiously and carefully watch if the plaintiff’s attorney has done all the necessary works to take the case to the courtroom.
In some cases, the lawyers representing the defendants file a motion for dismissal of the lawsuit (Summary Judgment). In such cases, the defending party won’t be willing to go into settlement discussion until after the court’s ruling on the motion. If the motion is granted, the case is dismissed. But if the motion is rejected, the defense attorney might change the stand and agree to talk. Other times, the defendant’s attorney will agree to discuss settlement when the motion is under the court’s consideration. Every case is unique in settlement negotiation.
Skilled and experienced lawyers never show over enthusiasm to talk settlement as the defense lawyer might interpret it as an act of desperation. If the attorney representing the defendant is convinced that the plaintiff’s lawyer is desperate for settlement, the defense lawyer is most likely to make a lowball offer and cajole the plaintiff to settle for much less than what the case is worth.