If you are looking to settle a personal injury case in court, there are so many factors that you should be aware of. First of all, all personal injury cases are unique and different. It could depend on the attorney-client relationship, the personal injury lawyer or law firm, the settlement offer including special damages, the type of accident settlement, the medical expenses, or even how the person was injured as well as the physical injury. Therefore, while we can talk about common aspects that some cases will share, each one is unique depending on all of their own factors.
However, there are certain details that are helpful to know as you begin to attempt to settle a personal injury case. First of all, you should always make sure you are getting expert legal advice on the matter. Having a helpful attorney work through all the legal matters in your time of pain and need is incredibly beneficial.
Second of all, you should know that sometimes these types of cases can take a long time, sometimes they can take no time at all. Again, each case is unique to the circumstances. While you may read different stories about different personal injury court cases and workers’ compensation, there is a chance that your own will be so very different from all that you’ve read.
However, for you—the injured party—it doesn’t hurt to learn more about personal injury settlements and injury cases. By learning through examples, you could potentially feel more confident about your own case, which is always helpful.
Personal Injury Settlement Examples
First of all, let’s discuss what a personal injury case even is before we jump into more frequently asked questions. You may have a personal injury case if you have fallen, slipped, a car accident or had any type of injury where someone else was at fault. This includes car accidents or if you have slipped and fallen at a public or private place because of certain circumstances that you couldn’t control, injuring yourself in the process.
A personal injury settlement is what happens after you win a personal injury court case. This means you—the injured person—has taken a defendant to court and sued them because of your accident. You tend to ask for monetary payment, which tends to also include a monetary sum to help you pay for any medical bills you may have had, as well as extenuating circumstances that have developed because of the accident in the first place.
Settlements go their own pace, and (again) each case is unique and different. Sometimes, people find themselves reaching a settlement (and getting a settlement check) quite quickly. Other times, it seems to drag on and take ages for the case to finally close, once and for all.
Normally, once you—the plaintiff—settle with the defendant, you sign a release form that states that you will not sue the defendant again for the same reason or any reason that stems from the initial accident. The faster you get this release drafted up and signed (the defendant party has to agree with the terms and sign as well), the quicker you will get your settlement check.
Will Any of My Medical Bills Be Paid in the Settlement?
Yes. In a personal injury settlement, medical bills tend to be the main factor that begins any monetary payment talk. In this type of settlement, as the plaintiff, your medical bills will be paid by the defendant.
This includes a variety of medical bills, as well as any medical bills that have already been paid off (by you) that have direct links to the accident at hand. Therefore, both the medical bills you may have already paid off and the medical bills you still have (that are a result of the accident) will be included in the settlement in some monetary fashion.
However, you should always make sure that you are aware of your own personal medical bills at hand. Sometimes, medical providers will place liens on your settlements (meaning you can’t get the money at first) until you pay your bills off. Make sure you’re aware of your medical bills and talk to the necessary professionals to inform them of your personal injury case so that a lien isn’t placed on your settlement funds.
Can I Reject Settlement Offers?
If you don’t like the settlement that has been offered, you have every right to refuse it. You can only settle if both parties are in agreement. So, if you aren’t in agreement, don’t settle! Let your attorney know exactly why you don’t agree with the settlement (and what you like/don’t like) so that they can work more towards the right agreement.
A lot of personal injury cases settle before they actually head to trial or court, as insurance companies, businesses, and private citizens tend to want to settle out of court. However, you should never just settle on the first deal that you are offered if you don’t like it. Both parties at hand can always work to reach a settlement, and you should never feel like you are getting less than what you deserve.
What Factors Are Included in Compensation During a Settlement in San Diego?
During a settlement, a lot of factors are considered when discussing the necessary monetary compensation. Often, these factors include income if you’ve been out of work because of the accident, any pain and suffering that you may have experienced from the accident, any and all medical bills that stem from the issue at hand, any emotional distress, and any property that may have been lost as a direct link from the accident.
To understand how you have been affected, and what to ask compensation for, make sure you inform your attorney of each aspect of your accident and how your life has been post-accident. If you have been affected in any way, you should be compensated for it.
Conclusion About Personal Injury Cases in San Diego
While there are many different forms of personal injury settlements, and with each settlement being different and unique in its own way, there are some common factors that link many personal injury settlements together. It’s always important to make sure you have an expert legal advisor like Walker Law who can help you through this very difficult and emotional process. Click here to contact Walker Law today.
California Law: Preparing for Court: http://www.courts.ca.gov/1096.htm
California Statue of Limitations: http://www.courts.ca.gov/9618.htm
California Personal Injury Form: http://www.courts.ca.gov/documents/pldpi002.pdf