The parties to a personal injury case may voluntarily settle out of court. And most do. This is because settlement is often faster, less expensive, less stressful, and more predictable for both the accident victim and the defendant.
You may settle your accident claim before or after you have filed a lawsuit and even after the judge or jury has announced a verdict to avoid a lengthy and expensive appeal.
Usually settlement means that you accept a lesser sum of money than you believe you are owed for the injuries caused by the defendant’s negligence rather than take your claim to trial and risk a final judgment that may go against you. And the defendant pays a greater sum of money that it thinks it owes to avoid the expense of litigation and the possibility of a judge or jury awarding monetary damages that exceed the settlement figure.
When you accept a lump sum amount of money to settle your personal injury case you must also sign a release of your claim. Then, if you sue after settling the case, the defendant can use the release to defeat your claim.
The purpose of this article is to serve as the starting point for those of you who have been injured in a car accident, motorcycle accident, or truck accident, or by medical malpractice or a defective product. You’ll find answers to the most common questions regarding personal injury settlements and links to learn more.
If you suffered a personal injury at work, read my article on Virginia workers compensation settlements.
I hope you find the articles below helpful. If you have any questions about your personal injury case, or are looking for one of the best personal injury lawyers and car accident attorneys in Virginia, call me for a free consultation: 804-251-1620 or 757-810-5614.
There is no “one size fits all” formula for settling a personal injury case. But this article helps you evaluate how much your injury claim is worth in Virginia.
The legal term “pain and suffering” refers to the physical and emotional stress caused by an injury. The size of your personal injury settlement depends on many factors, with the evidence showing the pain and suffering resulting from your injury being a major factor.
Negotiating the best possible settlement requires the right strategy and timing. This article explains the different phases of personal injury litigation and when you should start negotiating if you want to settle.
Not sure if you should accept an out of court settlement or go to trial? Read this article for a list of factors to consider when deciding whether to settle or take your chances in front of a jury.