Second, there need to be real injuries and other legal damages: not just medical bills, but also lost income, pain and suffering and other non-economic harm done to the injured victim. And finally, you must have a defendant with liability insurance coverage and/or other financial assets which can be liquidated if your proven damages are more than their policy’s financial limits.
What Is a Settlement, and How Does it Work?
Your lawyer will investigate the accident, compute the financial value of your treatment, pain, lost income and other damages, and submit a demand letter to the liability insurer of the negligent person or company. Then both sides will engage in negotiations. If your case is strong, there is a good chance that a fair settlement amount will be agreed upon. Your opponents don’t want to end up in court and take a chance on being forced to pay more than they would from a settlement.
What Happens in a Personal Injury Trial?
If settlement negotiations fail, the matter is settled at trial. Both sides’ legal representatives argue their client’s cases before a judge and jury. The jury then determines whether the injured party is owed compensation and, if so, how much.