Personal Injury Claim Settlements

Zyw Law logo 2So what on earth is a personal injury claims settlement? Well first off, personal injuries are something that no one wants to ever be faced with and it is not a stress free situation. When faced with being hurt in an incident, the person is then also faced with disabling pain at the same time they stressfully watch their financial situation worsen rapidly, due to medical expenses and loss of wages. This is why if the harm was the result of another party it makes perfect sense to hold them liable for their actions. The law backs up the individual who has suffered harm by another person or entity in the form of personal injury claims to recover financial compensation from the party responsible for wrongdoing.

If a personal injury claim is brought against a negligent person or entity it will make the liable party assess what their chances are of losing the case and what it may ultimately cost, if there is a judge or jury award. When they feel their odds of winning are low they will be likely to offer a settlement they think is fair. This may not actually be fair to the person who has been hurt, even if it sounds like a good deal, unless they have an attorney who can negotiate a proper settlement that will cover not only past medical expenses and lost wages.  But the legal advocate will also include future medical treatment and if they are unable to return to future income, whether temporary or permanent.

This is something that needs to be considered seriously, since once there has been a settlement it will be impossible to go back to the liable party and file a second claim for this injury. The liable party is looking forward to closing the claim as quickly as possible, without going to trial if they believe they do not have a defense they think will win.

If the liable party was to continue and go to trial the chances are it would result in a much larger cost, so they want to make a settlement outside of court. They know if their defense is not strong, they will lose in court and the awarded amount of compensation will be high. Rather than face this penalty the liable party will settle and end the claim. When an insurance company or other entity settles it relieves them of being found liable or basically guilty in court. In the case of a corporation, manufacturer, state agency or government entity settling instead of going to court can also cut down on media attention. This is because there will be no court appearances and the plaintiff will generally be under a stipulation that they cannot talk about the claim or reveal the amount of the settlement.

The largest factor in this is that the liable party does not admit guilt in negotiating a settlement and can avoid any negative consequences. The claimant must be able to benefit from the settlement in an amount that will provide for the damages they have suffered as a result of careless or reckless actions on the part of the defendant.

 

About Attorneys

I am a serious personal injury attorney based in Los Angeles. I handle cruise ship wrecks, dog attacks and motorcycle accidents with professional excellence and have retrieved millions of dollars between myself and my associates and firms of counsel to me. I take no prisoners when defending the sacred rights of my clients.