Can a Personal Injury Attorney Help Resolve Claims Outside of Court?

Many people who seek help from a Newport Beach personal injury attorney want to get compensation but do not want to have to go to court to do it. If you have been hurt in an accident or if someone you love has been killed, you need and deserve to fight for full compensation for all damages. You should be paid back for all economic and non-financial loss by the insurer of the person or company who hurt you, and sometimes by that person or company personally. However, you may be worried about the idea of court action to get this money. 

The good news is, in many situations, a Newport Beach personal injury attorney can assist you in resolving claims outside of court. Brown & Charbonneau, LLP has extensive experience providing assistance with the injury claims process. We can often successfully negotiate a settlement to assist you in avoiding litigation while still getting fair compensation. To find out more, give us a call today.

Can You Resolve Your Injury Claim Outside of Court?

Research from Cornell University Law School reveals that the vast majority of civil lawsuits settle outside of court in the United States. Cases can be resolved outside of court in situations where a defendant or a defendant’s insurance provider is willing to accept responsibility for the accident and injuries the plaintiff is claiming to have suffered. The defendant’s insurer is usually the one who makes the decision regarding whether to accept responsibility, since it is the insurer who will pay legal fees and who will pay damages up to policy limits.

If the defendant or insurer accepts responsibility, this does not guarantee a settlement. The defendant or insurer also must make a reasonable offer to the plaintiff. The plaintiff will need to evaluate the amount of compensation and other remedies which are being offered and will need to assess whether that offer is reasonable.

Plaintiffs need to ensure they understand the full extent of the compensation which they should receive as a result of their injuries when they make the decision regarding whether or not they wish to settle their claim. You should also understand the likely outcome of a court case. If you have very strong evidence and would likely be awarded a large amount of compensation by a jury, you have less incentive to accept a settlement offer that you don’t believe is appropriate than if you have a very uncertain case and are not confident you would win in court.

If you believe the defendant or the defendant’s insurer has made a reasonable offer of compensation, you can accept the settlement. You will need to sign a release of liability, absolving the defendant and insurer of any further legal responsibility. This means you cannot go forward and make any additional claims arising out of the same accident and injuries. Once you have accepted the settlement, you can’t change your mind- even if it later turns out you were more seriously hurt than expected. Because of the finality of accepting a settlement, you should talk with a Newport Beach personal injury attorney first. If your attorney believes the offer is appropriate, you can accept and settle your claim outside of court.

Pros and Cons of an Out-of-Court Settlement

Settlement has significant advantages. You have the certainty of knowing you will receive at least some compensation for your injuries. You can also usually get your money more quickly and can avoid the stress of litigation, which can sometimes be protracted. The downside, however, is you do not get your day in court and you may not get the same amount of compensation a jury would have given you.

Your attorney can help you to evaluate the pros and cons of settlement so you can decide what is best in your situation.

How a Newport Beach Personal Injury Attorney Can Help

Brown & Charbonneau, LLP will work very hard to successfully negotiate an out-of-court settlement that makes it possible for you to avoid the stress and uncertainty of a trial while still giving you the money you need to move forward. If litigation does become necessary because no fair settlement will be reached, we will make the court process as easy as possible and will aggressively advocate on your behalf to give you the best chance to win your case.

To find out more about how a Newport Beach personal injury attorney can assist you with the process of getting compensation after an accident causes injury or wrongful death, give us a call today at (866)237-8129 or contact us online.