Should You Settle Your Personal Injury Claim Out of Court?

Should You Settle Your Personal Injury Claim Out of Court?

• October 6, 2024
• Categories: Personal Injury

Many legal clients ask this question: Should you settle your personal injury claim out of court?  There are pros and cons to settling a case before going to trial.  But, generally, settlement negotiations are more efficient, cheaper, and less stressful.  Only a small percentage of personal injury cases make it to opening arguments before a judge.  Most cases settle long before that.  To understand the specifics in your case before making a decision about what to do, it’s wise to speak to an experienced personal injury lawyer who deeply understands California laws.

What is a Settlement in a Personal Injury Case?

In most personal injury settlements, the other party does not admit fault, but they agree to pay you a certain sum of money to avoid going to trial.  In exchange, you agree to release all other parties from responsibility, all further liability, and any additional demands for damages.  After signing your settlement agreement, the insurance company will forward a check to your lawyer, and funds will soon be distributed to you.  The amount of money you receive in a settlement will depend on several factors.  These include:

• The severity of your injuries
• The amount of medical costs you incurred as a result of your injuries
• The amount of wages you lost, or will lose, because you were/are unable to work after being hurt
• The degree to which you experienced pain and suffering, PTSD, emotional distress, and other non-monetary damages
• The amount of your property damage (if any)
• The number of other people injured in the accident
• The financial resources of the parties you sue
• Whether or not anyone died, in which case you can also file a wrongful death lawsuit
• Whether or not a judge awards punitive damages (an additional financial payout from the defendant(s) to punish them for egregious and reckless behavior that led to the accident).

Clients also often ask how long it takes to achieve a personal injury settlement.  This, too, depends on several factors.  The goal of negotiations is to achieve a settlement that is acceptable to both parties as quickly as possible.  This means that both sides may not get everything they want, but everyone can agree to a particular outcome.  The length of time it takes to get to a settlement and receive your money depends on the skill of your attorney and the willingness of the other parties to negotiate in good faith, rather than low-ball their offer.

As you can see, the ins and outs of determining the amount of money you receive for your personal injury claim can be complicated.  To ensure that you get all you’re entitled to, hiring a personal injury lawyer is your best bet to achieve the maximum payout possible.

Benefits of a Personal Injury Settlement

There are several benefits of a personal injury settlement.  Depending on your priorities and goals, these may be more appealing to you than taking your case all the way to trial.  Benefits include:

• A settlement typically takes far less time than going to trial.
• If you settle, you won’t have to endure a trial or testify in court.
• With a skilled attorney representing you, a settlement can produce advantageous financial compensation more quickly.
• A settlement is a sure bet, whereas you may or may not achieve the outcome you’re hoping for when a decision is left up to a judge and jury.  It’s possible that a judge could dismiss your case, or a jury could decide against you.

Why Choose Neale & Fhima

There are several factors to consider when hiring a personal injury lawyer.  Here are a few of the reasons to choose Neale & Fhima:

• Years of Experience. Our attorneys have more than 40 years of combined experience representing clients throughout Southern California.
• Our Lawyers Win Cases. Neale & Fhima has a 99% success rate in personal injury claims. We think this says a lot about the skill of our attorneys. While we cannot guarantee the outcome of any case, you can take comfort in knowing your claim is being handled by lawyers who have a track record of success.
• We Value Client Relationships. High-volume law offices tend to think of clients as nothing more than a number on a case file. The file gets passed around until it ends up with a paralegal or inexperienced associate who just wants to finish the paperwork and move on. At Neale & Fhima, we’re different. We enjoy getting to know our clients. This helps us craft settlement agreements that make sense for each individual client.

Neale & Fhima Pursues Optimal Outcomes

Whether your injury was caused by a car accident, motorcycle accident, slip and fall accident, or another event, the personal injury lawyers at Neale & Fhima will fight aggressively to get the compensation you deserve.  If you or a loved one sustained an injury through no fault of your own, seeking highly skilled legal advice is vital. At Neale & Fhima, our attorneys have an impressive record of recovering more than $50 million in rightful compensation for personal injury victims throughout Southern California.  Call us for a free consultation about your case at 888-407-2955.