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Settlement Negotiations In Personal Injury Cases

Although many people believe that most personal injury cases go to trial

, they do not. In fact, nearly 90 percent of injury cases result in a settlement before trial. Below is a blueprint for how settlement negotiations typically proceed in personal injury cases.

An experienced attorney can be very helpful with the settlement negotiation process. To begin with, an attorney can first help you accurately assess all of the damages that resulted from the accident. These will include medical bills, lost wages, damage to your vehicle, physical pain and emotional suffering. Your lawyer will then pass the settlement proposal to the at-fault party's insurance adjuster once you have approved the damage estimates. The insurance adjuster will then present your attorney with a counteroffer. The offers and counteroffers generally go back and forth in this manner until a figure is reached that both parties can agree upon. Your attorney must present you with any counteroffers that are made by the other party. If you are not satisfied with the counteroffer, the lawyer will refuse it and offer another amount that you do approve of. This is a drawn-out process, and it can take months to reach a settlement. However, it generally does not take as long as a trial.

There are many advantages to settling a personal injury case outside of the courtroom. First, a trial is costly and stressful for injury victims and their families. Second, it typically takes longer to receive compensation for your injuries when your case goes to trial than if it settles beforehand. Finally, there is no guarantee that the jury's award of damages will be more than the pre-trial settlement offer, and in the worst-case scenario, the jury may find that even you are not entitled to any damages. These are the biggest reasons why most personal injury cases are settled out of court.

It is always advisable that a person who is injured in any type of accident consult with a personal injury lawyer regarding their potential case. However, there are a lot of personal injury lawyers to choose from, so finding one with the expertise, qualifications, and experience you need in your case may be difficult. Injury victims deserve compensation for past and future lost earnings, the cost of medical treatment, and pain and suffering, among others, from the party or parties responsible for their injuries. A knowledgeable lawyer knows is familiar with settlement negotiation procedures and can help ensure you receive fair compensation in your case.

by: Roland H. Ormond
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Settlement Negotiations In Personal Injury Cases Anaheim