How Injury Settlements Work
Did you know that over 95% of all injury cases settle before trial? Why is that? The judicial system heavily favors the private settlement of civil disputes. It eases the caseload burden on the court system by reducing time consuming and costly litigation. Evidentiary rules prohibitions against the use of statements made during settlement negotiations as well as offers of settlement from being admitted as evidence in court.
What Happens If My Case Settles?
If your case settles, you will be required to sign a document called a “release.” A release is basically a contract you enter into in which you promise not to pursue you case in exchange (usually) for payment of a sum of money. After you sign a release and have been paid the settlement money, your case will be ended. If you have a case pending in court, your attorney will take steps to dismiss it. The important thing to know is that when you sign a release in exchange for payment of money to settle your case, you give up the right to make any more claims, known or unknown, against the parties to the release.
When Does A Settlement Happen?
A settlement may occur at any time during the existence of a legal dispute. It can occur up to and beyond a jury verdict. Settlements usually occur when both sides have investigated and uncovered all the facts pertinent to a dispute and, based upon the facts, know the law pertinent to the claims and defenses. The theory is, if both sides to a dispute know all the facts and understand the pertinent law, the parties to the dispute are in a good position to settle because “all cards on the table .”
Why Does A Settlement Make Sense?
Once you know all the facts and the applicable law to your dispute, you are in the best position to settle the case. A settlement is often the optimal outcome to a dispute because you are in control of the ending of the dispute. If you cannot settle your dispute and you go to trial, a jury or judge will decide the outcome. You have then given the power over the outcome to a third party. And you may not like the outcome you get.
Juries are notoriously unpredictable. No matter how good you think your case is, you could lose it if you give it to a jury. This is another reason why 95% of all cases settle. Control over the outcome.
Is My Case Ready To Settle?
There is an old saying: Don’t rush into something you cannot rush out of.
Because of the finality of a settlement, it is important to proceed to settlement with caution. An important consideration before you enter into a settlement is whether your injuries have received maximum medical treatment. If you have fully healed from your injuries, the decision to settle is a safe one. However, often folks rush to settle before they know the full extent of their injuries. Unless you are doctor treating yourself, you are taking a risk to settle your case before you know the full extent of your injuries and all the available treatment options to address your symptoms. An experienced injury lawyer will help guide you to fair and optimal settlement based upon the medical status of your injuries.
Call For Free Evaluation
Give me a call at 971-727-9226 to discuss your case. I serve the Fairview, Gresham, Troutdale and the Greater Portland area including Beaverton, Gresham, Hillsboro, Milwaukie, Lake Oswego, Oregon City, Fairview, Wood Village, Troutdale, Tualatin, Tigard and West Linn . I provide free consultation and I do not get paid unless you win. Most consultations are conveniently available remotely, or you may come see me at my office in Historic Troutdale. I work hard to maximize all the benefits you are entitled to.