In case of an injury caused due to an accident by someone else’s negligence, there are two ways to seek compensation from the defendant. They include accepting a personal injury settlement outside of court or going through the civil lawsuit process. A Grand junction personal injury lawyer provides legal assistance and helps plaintiffs to get justified compensation for the accident.
Out-of-court settlements in personal injury cases
Generally, the settlement is offered before a personal injury lawsuit has been filed but after a potential claim is issued. Sometimes it also occurs while the court case is going on and no final verdict is made.
A lot of trials are discussed even after the trial. This happens when the jury deliberates, and one or both parties want surety in the settlement. Once a settlement agreement is made, the plaintiff must give up all potential claims or legal remedies against the defendant for the accident. The plaintiff is made to sign a complete liability release.
Even though a lawsuit is expected to bring more money than a settlement, many people settle injury cases before a trial takes place and even before a lawsuit is filed. Some of the reasons behind this are:
The settlement provides risk control risk and helps in avoiding legal costs.
If the defendant is aware that the fault for the accident that led to the injury claim falls on him, or if the fault is a complicated issue, but the plaintiff has severe injuries, the defendant would avoid bringing the case in front of a sympathetic jury. This could lead to giving a larger damages award to the plaintiff.
An out-of-court settlement allows privacy and helps keep the case out of the public eye.
This is very helpful for larger companies that are being charged for a defective product or other public figures. An out-of-court settlement helps avoid the significant publicity that can ruin the company’s reputation. These settlements usually involve terms that expect confidentiality.
The settlement allows a plaintiff to avoid a protracted trial.
Trials can extend for months or years. A plaintiff may not want to wait that long for monetary compensation to recover the damages caused by accident. A settlement payout is faster than a jury verdict in a courtroom.
Guaranteed win to the plaintiff
When a case is taken to court, there are always chances that the plaintiff will lose the case and receive nothing for the losses incurred in the accident. The settlement provides surety and safety to the plaintiff in recovering damages.