Personal injury claims are either taken to the court premises or they get settled outside the jurisdiction of the court room. There are two parties involved in these cases; one the claimant who is made to suffer physically and financially as a result of an accident and the other one is the responsible party who is the main factor behind the happening of a specific accident. The claimants claim for compensation for all the pain and suffering they are made to go through. This monetary relief is denied by the responsible ones so the case is being filed in the hope of getting the justice. There are these two methods that are being adopted like off the court settlements and the legal proceedings for attaining the desired compensation.
Usually minor injuries and property damages that are the resultant of road accidents or workplace injuries get to be settled out of the court room. There are two main factors that lead towards a settlement. These are the time factor and the honour factor.
- There are many claimants who do not have much time to pursue the legal proceedings so they opt for the settlement. The third party insurers’ job is to save the money as much as possible. So, initially going for a settlement, they offer a lesser amount for the compensation. So, if the claimant is not interested and wants his desired amount then the case is being taken to the court room. But those claimants as mentioned earlier who do not have much time for the legal proceedings and who want to avoid the pitter patter of the court usually accept the offer.
- The honour factor is the one that is being preferred by the responsible or the guilty party. Those who do not want a stigma of a court case on their character insist the claimants for the settlement. They become ready to pay the desired amount as well.
- It does not mean that the claimants going for the off the court settlements do not need the guidance from any expert lawyer. They still need it especially for the exact estimation of the compensation claim. A lawyer can help them to calculate the total compensation amount that is the right of the claimants.
The other option for the personal injury cases is the legal proceedings. Usually very severe accident cases or severe injuries are being claimed for compensation in the civil courts. The guilty party shying away from its fault and mistake and insisting upon its innocence bring the case to the court room. Otherwise, if the injury is very severe and the claimant is suffering the financial restraint in shape of lost wages but the other party is not willing to pay what the claimant deserves then the case reaches the court room where the legal process is being initiated for the final result.
Whether to go for a settlement or a legal proceeding depends upon the feasibility of the claimant. But it should always be kept in mind that consultancy with an expert lawyer is made sure. The personal injury lawyer can guide the claimant as to choose which way that will be beneficial both for the case and for the claimant.
The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.