Understanding the Role of an Injury Attorney in Settlement Negotiation

Being involved in an accident where you suffer some type of injury is a frustrating and painful experience. Adding a lawsuit on top of your existing problems doesn’t make matters any better. Even if you’re the plaintiff and fighting for some sort of compensation following the accident, the courtroom can be a source of headaches and agony of different forms.

Learning what an injury attorney does, as well as how they assist during the settlement negotiation process, can help provide a person with clarity over the legal proceedings.

What is an Injury Attorney?

A personal injury attorney is a special type of lawyer who works to provide legal representation to those who have somehow been injured or hurt in an accident. They specifically work in a section of law known as tort law, which references negligent actions and intentional actions. The goal of an injury attorney is to secure financial compensation for the victims of the accident.

Those in major cities, such as a New York, San Francisco, or Los Angeles personal injury attorney, will see cases covering topics such as car accidents, pedestrian accidents, bicycle accidents, or more modern issues such as electric scooter accidents.

How Does an Injury Lawsuit Work?

There are four main parts of an injury lawsuit that could occur:

1. The preparation of cases: When one person raises a lawsuit against another, there will be a small period of time where both parties gather information about the other. This could be evidence, witnesses to the act, and more.
2. Potential for settlement: The majority of civil cases will end at this second stage. Most judges encourage the two parties to settle the issue between themselves through mediation, arbitration, or some other form. If a settlement cannot be reached, the case will proceed to trial with either a jury or the judge serving the final verdict.
3. The process of a trial: This is the lengthy aspect of a lawsuit and involves both sides presenting their opening statements. Following this, evidence will be presented, and witnesses will be cross-examined. After all of the information has been presented to the court, the jury or judge will make a final determination.
4. Closing of the lawsuit: Finally, both sides give a closing argument before the verdict is announced. If it’s determined that the defendant caused the plaintiff’s injuries, the judge will decide what compensation is warranted.

What Are Settlement Negotiations?

Settlement negotiations are simply an agreement on behalf of the plaintiff and defendant. The plaintiff agrees to take an offered amount from the defendant and, in return, will not take the lawsuit to court. In some specific situations, injury may be so bad that the settlement does not warrant what the plaintiff may be due, in which case it’s better to take the case to court.

Factors Involved in Settlement Negotiation

As your injury attorney works with you through the process of settlement negotiation, there will be a couple of factors that are examined. Most notably, the two sides will look at:

1. How much of your injuries were covered by insurance?
2. Who was liable, and to what degree, for the injuries caused?
3. How bad were the injuries you suffered?
4. Was any medical treatment needed and to what degree?

No amount of money can make up for the time and agony you have gone through following your accident, but it can provide you with the means to make up for lost compensation, time, and other factors. A lawsuit can be a confusing process, but the best injury attorney will help you navigate your way through it.

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