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If you have to file a personal injury lawsuit, you have two different options when it comes to your compensation. You have the option to settle for your injuries or receive a judgment in your case. These options are different and can have benefits and drawbacks. Here are some things you need to know:
Injury Settlements
An injury settlement is an entire process negotiated between you, the defendant, and your respected attorneys. This process occurs when your attorney files a claim and subsequent lawsuit with the insurance of the negligent party who is liable for your damages. Your attorney will likely do most of the leg work on gathering the evidence and arguing for a fair settlement. Once the insurance carrier receives your evidence and decides that their insured party is responsible, they will provide you with a settlement offer to end the claim in an attempt to make you whole.
If you do not agree with the initial settlement offer, or if your attorney advises you that the sum is not high enough commensurate with your injuries, you have some different options. You can make a counteroffer with the insurance provider to see if they will increase the settlement offer. You can also enter mediation to negotiate a better settlement or go through binding arbitration. These are legal proceedings but do not require you to go to court or before a judge, which is a major benefit. The drawback to accepting a settlement, however, is that you may not get as much money as you think you should.
Injury Judgements
Unlike a settlement, an injury judgment is a legal proceeding in which you take the negligent party to court in front of a judge, and maybe a jury, to resolve your case. During this time, the judge will listen to evidence, hear witness testimony, and hear arguments for and against your claim. An injury judgment is typically the next step if you do not like the settlement offer from the insurance provider of the liable party.
Depending on your state, you may just need to go to small claims court if the desired amount of money you want is under a certain threshold. However, personal injury cases that go to court are typically for significant sums of money.
There are some benefits and drawbacks to this process. You could possibly get much more money than you would if you had settled outside of court. However, you have to go through the process of court and all it entails. Additionally, there is always the possibility that you will not win your case and get no money at all.
To help your chances in your injury settlement, hire a reputable lawyer, like Leisawitz Heller, today.
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