Reaching A Settlement In A Personal Injury Case
After a plaintiff has brought a personal injury claim, both sides can work together, in order to achieve a resolution. The 2 parties can reach a settlement at any point in the legal process, whether it be during the negotiations or at some state of litigation.
Points that highlight the advantages to a settlement
Both sides have agreed on the amount to be awarded the plaintiff. Hence, this approach brings with it a decided amount of predictability. If the plaintiff’s case is strong, a negotiated settlement can be achieved quickly. Once the terms of a settlement have been negotiated, the plaintiff’s monetary award gets delivered in a surprisingly efficient manner.
A plaintiff’s opponent cannot appeal a negotiated settlement. This can put the defendant at a disadvantage. It can also relieve either side of the burden of deciding on the wisdom behind an appeal. An insurance company can use that process to pinpoint a date for the start of the statute of limitations. No statement made by either party gets entered into the public record. This holds true during mediation, as well as during negotiations. During the negotiations, both parties can discuss the level of the plaintiff’s emotional distress at the time of the accident. During litigation, mention of that emotional distress is not allowed. Consequently, a defense injury lawyer in Whistler might feel reluctant to place a jittery defendant on the witness stand.
A warning to adults that put their trust in an insurance company
Some adults trust an insurer more than a lawyer. Yet any one of those same adults might become upset when an insurance company claims the right to buy a totaled car, even though the owner feels ready to invest in substantial repairs.
Why do insurance companies strive for agreement on a settlement?
Insurers fear the possible large award that could be awarded to the plaintiff. In fact, insurance companies have more control over the size of that award during the stage of negotiations. The negotiating parties could reach a stalemate, preventing either side from claiming the right to any money.
In addition, an early settlement keeps the plaintiff from seeking compensation for some damage that had gone unrecognized at the time when the two sides were negotiating. Thus, an early settlement would keep parents from pursuing the reasons for a child’s strange behavior or unexplained symptoms.
Some of the symptoms associated with traumatic brain injuries and concussions are rather mild. Moreover, a parent might write-off a child’s peculiar behavior, comparing it to childish impulses or the conduct of a rebellious or confused teenager. Hence, a serious condition might not manifest itself until the injured child reaches adulthood. Then it would be too late to pursue legal action.