Settling a Personal Injury Case Before Filing a Lawsuit
Many people understand that victims of personal injury incidents usually must wait a long time to receive a recovery. Indeed, it may take years for a personal injury lawsuit to be resolved, and there is typically much back and forth between all parties before a settlement is reached. However, some personal injury cases settle before a lawsuit is even filed, and there are certain steps that are typically taken when settling a personal injury case before litigation.
Notifying Liable Parties
It makes sense that the first step towards settling a personal injury case before litigation is to notify all of the liable parties involved in a given matter. However, this is usually easier said than done. It might be difficult to discover the exact companies or individuals that may be liable for a given personal injury. In addition, it is sometimes difficult to find the contact information for representatives of companies or individuals who might be implicated by someone’s personal injuries. However, many lawyers have substantial experience researching the information of companies and can consult databases to locate information on liable parties.
The next step toward settling a personal injury case before litigation is communicating with responsible companies and parties, and informing them that there is a potential claim. Sometimes, individuals and companies are already aware of incidents that might give rise to personal injury liability, and it is easy to communicate with responsible parties in these instances. However, at other times, parties are not aware of the occurrence of an event that might make them liable for personal injury claims. At this point, it is also important to tell prospective parties that a lawsuit may be filed based on personal injury claims so that responsible parties can preserve evidence that might be relevant to future litigation. Typically, attorneys for personal injury plaintiffs send responsible parties through ordinary mail and certified mail an intent to sue and litigation hold letter, which ensures that these parties preserve evidence and are notified about the potential claim.
Discovering Who Makes Settlement Decisions
After making contact with responsible parties, it is important to discover who will be responsible for settling a personal injury case before litigation. Oftentimes, individuals and companies have insurance, and insurance professionals must be consulted. However, sometimes parties do not have insurance, and at other times, parties may wish to settle smaller cases on their own without involving insurance, so their premiums do not increase. In any event, it is important to discover the right people to talk to when trying to settle a personal injury case before initiating litigation.
Gathering Evidence
Even if a party knows about an incident giving rise to a personal injury case, they will likely not consider settling a case without reviewing evidence. Oftentimes, insurance professionals and parties wish to review medical records, photographs, videos, accident reports, police reports, and other materials when settling a personal injury case before litigation. It is important that an attorney does not produce evidence to parties that they would not be able to obtain during litigation, so as to not provide potential defendants with an unfair advantage. It is also important that individuals do not make written statements while gathering evidence that could pose problems if a case is eventually litigated.
Settlement Demand
After gathering evidence and speaking with insurance professionals, attorneys typically come up with a settlement demand. Typically, the settlement demand letter is attached to all of the evidence an attorney hopes to use to support their case. Making a settlement demand before litigation is filed is different than when litigation has already been initiated. Typically, settlement demands given before a lawsuit is filed are lower than the settlement demands provided during litigation. This is because defendants and insurance professionals typically expect an incentive to settle a case before requiring a party to go through the litigation process. Since the settlement amounts while settling a personal injury case before litigation are different than during litigation, it pays to work with an experienced attorney who understands the process.
Settlement Paperwork
If parties agree to a settlement before filing a personal injury case, the parties must typically complete paperwork in order to dispose of the matter. Oftentimes, parties need to sign releases stating that they agree to extinguish all claims related to a personal injury matter. It is important to carefully negotiate the terms of the release to make sure that individuals can obtain a recovery if damages are different than initially expected. In addition, parties typically have to sign materials indicating that there are no liens or any other matters that would prevent a responsible party from paying out a settlement to the individual who suffered a personal injury. There are a number of other terms that parties need to agree to when settling a personal injury case before filing a lawsuit, so it pays to use an attorney that has experience with these matters.
Settling a personal injury case before litigation is very difficult. Individuals who have a personal injury claim usually need to file a lawsuit and “go the distance” in order to obtain a recovery. However, it is sometimes possible to resolve a personal injury matter without filing a lawsuit, and it is important to have an attorney who is experienced in this process. If you are looking for a New Jersey or New York personal injury attorney who is familiar with the settlement process, please feel free to contact The Rothman Law Firm to request a free legal consultation.