Definition: Settlement
In many instances it may be advisable to settle the case before it goes to trial. While some injury victims are reluctant to consider a settlement offer from the Defendant, refusal to do so may cost you in time, effort, and frustration, not to mention the possibility of losing the case at trial and receiving nothing! This is not to suggest that you accept an unreasonable offer. But please listen to your lawyer"s advice regarding settlement. Your lawyer is trained and experienced in dealing with personal injury Defendants. He or she is familiar with the Defendant"s lawyer"s tactics. You should take advantage of this knowledge and consider his or her recommendation. However, the final decision is yours to make and your lawyer will respect your choice and work as hard as ever to see the case through to a successful conclusion.
Some important matters to keep in mind when considering a settlement offer from the Defendant:
- Settlement negotiations can begin as early as the filing of the pleadings and may not conclude until minutes before the start of trial.
- Negotiating a settlement is an art, therefore it is important that you control your emotions when dealing with the Defendant and the Defendant"s lawyer.
- You may be asked to sign a document associated with the settlement agreeing to drop all further legal actions involving the Defendant and the incident in dispute. This "release" or "waiver" is a typical component of the settlement.
-- Article Courtesy of InjuryBoard.com
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