Settlement in Personal Injury Cases

Perhaps you have heard the saying, "the best cases settle", and wondered whether it was true. After all, it's the skillful trial lawyer that is romanticized in legend and lore. The edge-of-your-seat drama is decidedly missing from a compromise. Trial, however, is usually a last resort and the best cases do seem to settle. When a personal injury or car accident case settles it is usually because the facts leave little room for argument. In most personal injury cases there are two "essential questions" that must be answered before a case can be resolved. First, "who is legally responsible for what happened?'" and second, "What are the damages?". If the parties can reach a consensus on these fundamental issues, the case is ripe for settlement.

Unfortunately, in most instances there are certain facts that cloud the picture and make it difficult to clearly answer the "essential questions". For instance, dispute may arise over who had the green arrow after an intersection collision. Similarly, an injured plaintiff may have voiced similiar physical complaints to a chiropractor three weeks before an accident. These are the types of cases that test the skills of every advocate but they are also cases that can be settled with some patience, hard work and common sense. The first step toward maximizing your prospects for settlement is to secure and provide all of the documentation necessary to answer the "essential questions" in your favor - and do it as early in the case as possible. Your lawyer must make it a priority to obtain relevant information and convey it to the decision makers in your case as promptly as possible. As a plaintiff, you will bear the burden of proof at trial and you should accept the same burden during settlement negotiations.

It is also important for you to enter into settlement discussions with reasonable expectations. The chances of negotiating an amicable settlement increase dramatically if you are reasonable in your expectations and honest about the strengths and weaknesses of your case. Honesty and reasonableness build credibility and credibility goes a long way towards resolving difficult cases. Similarly, emotion should not stand in the way of a fair and reasonable settlement. Emotions can be a powerful motivator in front of a jury but for settlement purposes, you deserve a more objective view of your prospects. In Sun Bin's Lost Art of War, a lesser known companion volume to Sun Tzu's Art of War, the author discusses common mistakes in warfare and points out the importance of understanding both "diplomatic" And "military" victory. Beating each others brains out in court may bring some visceral satisfaction but it isn't always the best way to achieve your goals. Be prepared for that court fight but remain open to the possibility of a "diplomatic" victory through settlement.