Settlement of a personal injury claim occurs when a defendant or their insurance company offers payment in exchange for the plaintiff’s relinquishment of all related legal claims.
Settlement can occur at many different stages during the personal injury claims process — some cases are settled relatively quickly, before a lawsuit is ever filed, whereas other cases are settled after a trial has already started.
In this article, our dedicated Los Angeles lawyers provide an overview of some of the most important things that victims need to know about settling their claim versus taking it to court.
Most Personal Injury Claims are Settled Outside of Court
According to data provided by the United States Department of Justice (DOJ), more than 95 percent of tort claims are settled prior to litigation. On a basic level, this makes sense.
For both parties, settlement offers potential advantages over personal injury litigation. Preparing for litigation is costly for defendants and insurance companies.
In addition, insurers have a duty to use good faith practices when handling legal claims. If a defendant/insurer recognizes that they will likely be held liable in a lawsuit, they will often be willing to work toward a reasonable settlement.
Settlement is Ideal — But Only If You are Offered Full Compensation
If you were injured in an accident, you need access to financial compensation to pay for medical treatment and to provide support to your loved ones. As you likely already know, the legal claims process can sometimes be frustratingly slow.
In most cases, reaching a settlement is the ideal result — it allows a plaintiff to get their compensation far more quickly. It also eliminates some of the risk of pursuing a lawsuit. That being said, it is never a good idea to rush through the claims process or to settle a case too quickly.
Reaching a personal injury settlement is only advisable if the defendant or their insurance company is willing to offer full and fair financial compensation. Do not let an aggressive defendant/insurer push you into an unfair settlement. Let your Los Angeles personal injury lawyer protect your rights.
You Need a Trial-Tested Personal Injury Attorney
Although the overwhelming majority of personal injury cases reach settlement, there are plenty of exceptions. If you or a loved one was injured in an accident in Southern California, you need a trial-tested Los Angeles personal injury lawyer on your side.
If the defendant knows that your lawyer will:
- Be able to bring a strong case in court
- Be far more likely to treat you fairly in settlement negotiations
- Have the skills and experience needed to win the case
Speak to Our California Personal Injury Lawyers Today
At our office, our top-rated Los Angeles personal injury attorneys are committed to helping our clients maximize their financial recovery.
No matter the circumstances of your case, we can help you find the best path towards full and fair compensation. To set up a free, no-obligation consultation, please do not hesitate to contact our legal team today.