Personal injury claims can be resolved in many ways, but the most common method is through settlement. It is an agreement between the injured person (the plaintiff) and the person or entity responsible for their injuries (the defendant) to resolve the claim for a certain sum of money. Hire a reputed law firm in Chatsworth CA, to understand the process better.
Pre-litigation resolution:
Personal injury claims are often settled outside of court to avoid the time, expense, and uncertainty of a trial.
The initial step in settling a personal injury lawsuit is to examine the incident and collect proof. This may include obtaining police reports, medical records, witness statements, and scene photographs. After gathering evidence, the plaintiff’s attorney will submit a demand letter to the insurance company. The demand letter will outline the plaintiff’s case and their demand for compensation.
The defendant’s insurance company will review the demand letter and investigate the claim. If the insurance company believes the defendant is liable for the plaintiff’s injuries, they may make a settlement offer. The plaintiff’s attorney will then review the settlement offer and advise the client on whether to accept it.
If the plaintiff and defendant disagree on a settlement, the plaintiff can initiate a lawsuit.
Litigation:
The case will proceed through pre-trial motions and discovery if a lawsuit is filed. Discovery is the process of exchanging information between the parties. During discovery, the parties may request documents, interrogatories, and depositions.
After discovery is complete, the case may be scheduled for trial. The plaintiff and defendant will present their evidence to a jury at trial. The jury will determine the defendant’s liability for the plaintiff’s injuries and the amount of compensation to be awarded.
Settlement after litigation:
Even after a lawsuit is filed, it is still possible for the parties to reach a settlement agreement. This may happen at any point during the litigation process, including during trial.
Mediation:
It occurs when a neutral third party helps the parties reach a settlement agreement. The mediator does not take sides or make any decisions on behalf of the parties. Instead, the mediator facilitates communication and helps the parties to explore their options.
Arbitration:
Arbitration is when a neutral third party (the arbitrator) decides the case. Once the arbitrator makes a decision, it is considered final and cannot be challenged by either party. This is because the decision is binding. Arbitration is often used in personal injury cases because it is faster and less expensive than a trial.
How long does it take to resolve a personal injury claim?
The duration required to resolve a personal injury claim may differ based on multiple factors, including the extent of the plaintiff’s injuries, case intricacy, and whether the parties involved can reach a settlement agreement. Typically, it takes 12 to 18 months to settle most personal injury claims. However, some cases may take longer, particularly if the parties involved opt to go to trial.
What factors affect a personal injury claim value?
The value of a personal injury claim is determined by many factors, including the severity of the plaintiff’s injuries, medical expenses, lost wages, and pain and suffering.
The severity of the plaintiff’s injuries is the most critical factor in determining the value of a personal injury claim; your Woodland Hills personal injury lawyers can help you with this. More severe injuries will generally result in higher settlements.
Other factors that can affect the value of a personal injury claim include:
- The plaintiff’s medical expenses
- The plaintiff’s lost wages
- The plaintiff’s pain and suffering
- The liability of the defendant
- The jurisdiction in which the case is filed
Personal injury claims can be resolved in many ways, but the most common method is through settlement. If you have been injured in an accident, contacting a qualified personal injury lawyer is vital to discuss your case.