If you have been injured by a negligent or reckless third party, you have the right to file a personal injury lawsuit against the responsible party. The goal of this lawsuit is to seek financial compensation for the following:
- Medical bills
- Loss of income
- Pain and suffering
While many personal injury lawsuits reach the courtroom, many parties choose to settle privately. This can shorten the process and lead to compensation in a more timely manner. It might also mean making some concessions when it comes to what you deserve.
There are many things you should know before choosing to settle, including what drives so many to make the initial choice.
The Choice to Settle a Personal Injury Lawsuit
A personal injury lawsuit can take months, and even years, to conclude. This is especially true if you choose to go to trial. Between the time you file your lawsuit and the time you reach the courtroom, there will be dozens of conversations about potential settlements. Believe it or not, defendants hardly ever want to face a judge.
Instead, they will offer you a “lowball” estimate, rather than what you asked for in your lawsuit filing. Your attorney will try to raise this offer, and both parties will go back and forth until an agreement is reached or the official court date arrives.
The choice to settle is never made easily, especially when you are trying to receive adequate compensation for your injuries. Fortunately, an experienced San Diego personal injury attorney can help you through the process.
Potential Delays in Settlement
Though the choice to settle often means an expedited process, there can still be delays. For example, there may be legal or factual problems with the case. In a personal injury lawsuit, you must prove that the defendant was reckless or negligent. If you are unable to prove this, an insurance company is unlikely to make a reasonable settlement offer.
There are also issues with large payouts. If you are expecting a large settlement, you can rest assured that the insurance company will investigate every aspect of the case. This can significantly lengthen the process.
Settlements can take more time if you are still receiving treatment for your injuries. If you choose to settle before knowing the true extent of your injuries, you may find this to be a mistake down the road. Imagine settling, only to learn a week later that you need several more surgeries that will cost thousands of dollars each. At that point, if you have already accepted a settlement, you cannot ask for more.
Waiting For Your Settlement Check
Once you have come to an agreement, the completion of the settlement process could take a month. First, you will need to sign a release, stating that you are giving up your right to sue the person or company responsible for your injuries. Next, the defendant will need time to process the release.
When the check comes, it will be disbursed to your attorney. They will then remove any necessary fees and provide the rest of your settlement in the form of a check from their office.
Contact an Experienced San Diego Personal Injury Attorney
Are you interested in filing a personal injury lawsuit or seeking a settlement? If you suffered an injury due to the negligence of a reckless third party, we can help you understand your legal options. Our experienced San Diego personal injury attorney are here to help. For assistance and representation, contact our team at Nield Law Group, APC by calling (866)-335-1860.