Legal Guide

How a Personal Injury Case is Settled

When you were severely injured due to someone else’s neglect, you are entitled to compensation to cover the cost of your damages. You can obtain compensation by demanding a settlement from the other parties liable for your injury. To have a valid case, you will need to collect evidence that depicts exactly how you were harmed, how it was related to the other parties involved, and the damages it caused. A personal injury attorney can direct you on what you will need for your personal injury claim.

What To Do to Settle a Personal Injury Case

A settlement case may have a complex scenario that blurs the boundaries of who is at fault. However, evidence is the defining factor that can set your case straight.

Compile All Your Evidence

After you have been injured, you should take pictures of your wounds and the environment where the injury occurred. This includes a dog bite, a car accident, a slip and fall injury, or any other hazard you encountered. Providing this evidence to your attorney can help them prove your case. Your story and the accompanying images will offer a verifiable explanation for what happened.

Seek Medical Help

You will want your doctor to review all of your injuries and let you know the extent of the damage. You will need this information for your settlement. Also, you might not entirely know what injuries you have, as some may reveal themself later on. You will have to bring your medical bills and other fees to the attention of your lawyer, who can organize this and present it in your claim.

Speak With Your Attorney

Your lawyer will manage your settlement and reach out to other parties on your behalf. They will collect information from witnesses, analyze all of the data you provided them, and develop a strategy for settling your economic and non-economic damages. Once they decide what compensation amount they are entitled to, they can approach the other parties and demand a settlement. Your claim will hold value because of the evidence, analysis, and documentation that shows how severe your injury is.

Negotiation With Other Parties

This process may take the longest, as your personal injury attorney will be communicating with the other parties regarding your settlement. The other parties may agree, disagree, delay, or counter the settlement with their own offer. Because negotiation may take weeks, months, or even a year, it will be up to you to agree to new terms or provide additional evidence on how to settle your claim.

File a Lawsuit

If no one can come to terms with an agreement, then your lawyer can file a lawsuit for you. In this scenario, the jury will be the ones who decide what the compensation will be. They will consider the evidence presented by your lawyer and come up with a fair solution. However, the other party may be pressured not to go this route. If they lose, they have to cover the court fees and may consider settling instead. Around 95% to 96% of personal injury cases are settled pre-trial.

Learn More About How to Settle Your Case

To help you understand how the settlement process works, you can read additional information on Maho Prentice. Personal injury lawyers have great resources and tools that can explain how to get your case settled.


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