SETTLEMENT OF YOUR INJURY CASE

The majority of legal claims arising from accidents or injuries do not reach a civil court trial — most are resolved earlier through a negotiated settlement among the parties. An informal settlement can even take place before any lawsuit is filed. Through settlement, the plaintiff in a personal injury case agrees to give up the right to pursue any further legal action in connection with the accident or injury, in exchange for the payment of an agreed-upon sum of money from the defendant or an insurance company. If you are considering settling a legal claim after an accident or injury, or if you have received a settlement offer, you should talk to your Ft Lauderdale personal injury attorney and receive his or her thorough assessment of the case and the prospects for a settlement.  Consider the following points:
•Amount he thinks the case is worth in a range of dollar amounts.
•Verdicts and settlements in similar cases.
•Chances of winning at trial.
•Unfavorable publicity for either side (civil court trials are open to the public and media scrutiny).
•Amount of personal information that could be revealed at trial or through further discovery.
•Possible disclosure of business information or trade secrets.
•When the case is likely to be called for trial.
•Practical difficulties in trying the case.
•Weaknesses in your evidence.
•Weaknesses in your opponent’s evidence.
•The amount of the defendant’s insurance coverage.
•The defendant’s own monetary resources.
•The defendant’s lawyer’s negotiation tactics (your Fort Lauderdale accident lawyer may have negotiated with the lawyer before, or has talked to other personal injury lawyers in Broward County FL to get an idea of what to expect).
•The extent to which your opponent is likely to play “hardball.”
•If you are the plaintiff, ask how much of the settlement proceeds will be applied to your lawyer’s fee and your expenses.
•If you are the plaintiff, ask how the settlement payments will affect your federal and state income taxes.
•Talk about what you’re willing to concede in order to get the case settled.
•Discuss the minimum amount you will accept.
•Consider the possibility of a partial settlement, that is, settling the easy issues first while you continue to negotiate the more contentious issues.


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