Following the occurrence of an accident, the injured party has 2 options: suing the person responsible for the accident or agreeing to accept a personal injury settlement.
When could the settlement process get started?
It could start before the injured party had competed the series of actions that ensure the filing of a personal injury lawsuit. The legal system allows for initiation of the process that could lead to the settling of a dispute, upon arrival of some point that comes after both the filing of a lawsuit and completion of a trial’s early stages.
It is even possible to have a settlement finalized after a trial, but during the period of the jury’s deliberation, as per personal injury lawyer in Sydney.
A settlement’s noteworthy features
It represents an agreement that has been achieved by 2 disputing parties. Settlements do not represent the only legal system by which a dispute might transform into an agreement. Mediation and arbitration also achieve the end.
It requires the signing of a release statement by the plaintiff. That signed document releases the defendant from the need to pay any additional claims from the opposing side. If keeps the dispute and any negotiated agreement away from the public’s eye.
An insurance company usually pays the compensation that is owed to the claimant/plaintiff. During the negotiations that precede the desired agreement, those representing the defendant enjoy an opportunity to control the risks, with respect to the size of the compensation. That same control of risks does not exist during a trial.
The claimant/plaintiff gets the promised money faster, by agreeing to settle, instead of filing a lawsuit. The same claimant/plaintiff has been guaranteed the receipt of at least some money.
Drawbacks to pursuit of the settlement process:
It provides the insurance adjuster with the chance to make a low initial offer, with the hope that the claimant might accept that same low bid. That is why personal injury lawyers always caution their clients against accepting the first offer from the insurance company.
All negotiations take place over the phone. The adjuster never looks into the face of the claimant/plaintiff. That feature tends to keep adjusters from allowing emotions to diminish the strength of their arguments.
Claimants must seek other ways for touching an adjuster’s emotions. The act of attaching the photograph of a damaged vehicle to a demand letter can provide the letter’s creator with an alternative approach.
Some claimants do not take full advantage of the chance to settle with the responsible party. Instead, those particular claimants try to stall on creation of an agreement. That might be done with an eye towards seeking to achieve some form of revenge against the person that triggered occurrence of the injury-causing accident.