There is no one who wants to be harmed in a mishap, but negligently begotten injuries do happen, and the victim is faced with dealing with the physical pain and the financial stress that surely follows. When an individual is not at fault for the injuries they suffered due to an accident, a personal injury suit can be beneficial. Personal injury law stands on the side victim when another party is careless or reckless, or even non-feasant, and this foolish conduct results in causing harm. Filing or opening a personal injury claim will be done first, in order to seek damages so the victim(s) can recover financial compensation from the negligent party, or “wrong-doer.”
- Is there a Reasonable Probability or Likelihood of Success?
In a personal injury claim the insurance company or organization will evaluate the probability of a lawsuit being successful. In the event the accused believes the odds of the plaintiff winning are good, then they are more likely to offer a settlement as a way of ending the claim for a lower amount than the plaintiff may be awarded by a jury. A settlement would also end the case without fear of other future action by the same aggrieved party, and thus, most organizations or insurance companies that offer a settlement, do so to their benefit. Offering a fair settlement the injured party may accept, will avoid the possibility of them taking the case to court where a jury will determine the amount the settlement should be for the damages and harm caused through negligent actions.
Leveraging the Wining Case
In personal injury cases when a settlement is offered it is generally because the other party believes they will lose the case in court and want to avoid the higher compensation award and possible media attention. The other part of settling will mean that guilt will not be admitted and it is possible to request that no information involving the settlement be made public.
This can be done in order to keep the amount of the settlement confidential and fore-go any embarrassment on the part of the wrongdoer. Although there can be tax consequences to a resolution like this, there can be benefits to agreeing to a settlement, if it is fair. In all cases, compensation will usually mean recovering the monetary agreed amount in a shorter amount of time than bringing a lawsuit to trial for a jury award.