Most personal injury lawsuits never make it to trial. Cases are generally settled before they go before a jury. It implies that the negotiation process is fundamental to your ability to secure reasonable compensation in your accident case.
There are a number of things your lawyer can do to help you secure a fair settlement and improve your payment. This is how a Los Angeles personal injury attorney can help you in resolving a case.
Establishing Your Case is Your Attorney’s Job
Just because it’s doubtful that you’ll go to trial, your lawyer starts the case with the assumption that you will. This entails carefully drafting filing paperwork so that they can survive legal examination. Your cause of action and grounds for recovery must be clearly stated.
At this point, your injury lawyer will take efforts to protect evidence. They may require that persons save evidence that is potentially critical to the case, such as surveillance video. With the support of medical specialists, they may be able to help you identify and document the degree of your injuries. Developing the evidence in your case is crucial to persuading the opposing side that it is in their better interests to come to the table with a reasonable settlement offer.
The Settlement Process Usually Begins After Discovery
Settlement talks may start promptly after an accident in circumstances when a fault is evident and there is insurance coverage to pay the damages. In the overwhelming majority of cases, nevertheless, settlement negotiations do not commence until both parties have had time to learn about the case. You may not be aware of all the specifics surrounding the accident, even if you are the plaintiff and the sufferer. The opposite side is equally interested in learning more about the disaster.
Both sides have the chance to delve into the specifics and establish their cases through a process known as discovery. Depositions, written interrogatories, and physical examinations of the scene are all examples of discovery. For intricate situations, the discovery process can take several months. The goal of discovery is to restrict the topics for trial and provide each party an equal opportunity to understand the facts of the case and decide how they wish to proceed.
Attorneys Carefully Evaluate Your Damages
Evaluating the worth of your case is an important component of the discovery process. When you’ve figured out how much your case is worth, you’ll know where to start negotiating with the opposing side. The defense is most certainly valuing the claim as well. If both sides can apply some objectivity to the situation, they might be able to reduce the degree of disagreement.
In most circumstances, your injury lawyer will let the discovery process run its course in order for the other party to understand the merits of your case in preparation for future talks. After you’ve completed the discovery process, your lawyer will begin negotiating a settlement on your behalf.
Lawyer Helps You in Writing Demand Letters
Sending a demand letter to the defense is one way your lawyer resolves a personal injury lawsuit. The grounds of your action and your damages claims are clearly stated in a demand letter. Your lawyer can help you explain the case and what you’re searching for in a resolution if the defense hasn’t already done so.
The defense can reply to your demands by agreeing to them. They can also make a counter-proposal. If they don’t answer at all, the case will proceed to trial unless further discussions are reached.
Communication With the Other Side
Through informal discussions with the other side, your attorney works to settle your case. Attorneys are trained and experienced to conduct these discussions. There could be discussions among the lawyers about any disagreements in the case and negotiation of a settlement.
Negotiations Often Go Back and Forth
It’s unusual that your personal injury attorney will be able to resolve your case with only one phone call. Negotiations are frequently back and forth. Some of your assertions may be contested by the other party. Your lawyer can decide when it’s best to share material with the opposing party and when it’s best to keep it to yourself.
Negotiations with the other side that go back and forth are strategic. Your lawyer may not want the opposing party to know your financial situation. They may not want the other side to know what your lawyer thinks about the matter. By handling these talks skillfully and intelligently, your injury lawyer settles your case.
A Formal Mediation Procedure
Mediating a settlement of your case might be an option for a personal injury lawyer. Negotiation is done formally through mediation. As opposed to the informal exchange of emails or phone calls between the attorneys, mediation is conducted in person. An experienced mediator also assists the parties in narrowing down the issues and facilitating settlement discussions.
A Settlement Must be in Writing to be Valid
Your lawyer settles your lawsuit by placing the settlement agreement in writing only if the parties reach an agreement. A settlement agreement is legitimate if it is written and signed by both parties.
The lawyer scrutinizes the settlement document to ensure that it accurately reflects the agreement. If you accept the settlement, the parties must submit a signed copy to the court for consideration. Your lawyer has settled your case if the judge signs the agreement.
For a personal injury claim to be successful, you need the right attorney on your side. A confident and experienced attorney, like an attorney at Siman Law Firm, can make all the difference in settlements before trial.