When you have suffered a personal injury due to another party’s fault, you may be entitled to recover damages under California law. However, the thought of going through the trial process while trying to recover from your injury probably seems overwhelming. It is important to understand that a trial may not be necessary. An experienced personal injury attorney can help you reach a settlement with the party at fault at any time before a judgment by the court is ordered.
Settlements are common because they allow both parties to save a significant amount of time and money. Litigation requires a lot of effort and it is very expensive. Both parties are usually motivated to settle a lawsuit as early in the trial process as possible.
How do you know if you should settle your case? Your lawyer can provide you guidance in deciding whether to settle or not, but you should consider your chances of success in comparison to the time, effort and inconvenience of litigation. You must also consider whether you will be able to collect on a judgment if you are successful and win the case.
Negotiating your claim can reduce the risk involved in litigating your claim. You have more control over settlement negotiations than you would over a judge or jury. Settlement talks are usually ongoing throughout the litigation process. There are numerous opportunities for settlement negotiations, but a mediation or arbitration session can also be ordered or agreed upon. Courts encourage parties to settle because it helps clear their dockets, which are overloaded.
How do you receive a favorable settlement?
Working with an attorney experienced in handling settlements is crucial to your success. Your lawyer will not only present the strongest case possible for you, but also work to convince the defendant that they will lose if the case goes to trial. A variety of factors will influence the value of your settlement, including but not limited to the following:
- How severe your injuries are
- The amount of your damages
- How easily your damages can be proven and/or calculated
- The guilt or obviousness of fault of the defendant
- Any publicity or external pressures surrounding the lawsuit
Your lawyer will use everything available to persuade the defendant that the risk of going to trial will cost more than the cost of settling to help you obtain the best possible settlement.
Contact the personal injury attorneys at the Law Office of Alex Cha & Associates for the help you need. We can walk you through the steps you need to take to obtain the full and fair compensation you deserve for your injuries and damages.