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Choosing the Settlement Process Over Court Following Your Accident

Speaking with Your Insurer After a West Virginia Car Accident

Posted on December 1, 2018

After you have been involved in a personal injury accident, many people automatically think that they will be heading to court over these matters. The thought of litigating your case might be a frightening one, where you realize that your personal matters will be made public or you’ll have to convince a judge or jury of what really happened. This thought can be anxiety-inducing, which is why many people enjoy the thought of negotiating these matters at settlement. Luckily, it might be relaxing to know that a larger percentage of cases never even make it to court because they are easily settled with the help of your attorney and a team working toward your best interests.

What is settlement and why does it work for so many people? Settlement takes place when an insurer or defendant makes an offer of payment to somebody who has been injured without the need for court intervention. In many cases, in fact, settlement is reached before any lawsuit is ever filed. In other cases, maybe somebody has entered into the litigation process but realizes it isn’t for them, and so the two parties decide to settle instead.

Once a settlement agreement is reached, the one thing you have to understand is that you must relinquish all potential claims against the defendant arising out of the accident. This means that, if you later find out that maybe the settlement offer wasn’t what you originally wanted, it’s too late to go back.

Why Many Cases Settle

Choosing the Settlement Process Over Court Following Your AccidentSo, why do so many people choose settlement over other options? Here are some of the reasons:

Control: A defendant in one of these cases is able to control the risks. If somebody knows that they are responsible for your accident, they might automatically choose settlement as a way to make an offer without the courts interfering and awarding extremely large amounts. This can sometimes benefit both parties as you receive a faster decision. 

Private: Your case will be kept out of the public eye if you choose settlement. There is a requirement of confidentiality, which can help all involved.

Guarantee: When a case goes to court, there is always a chance that you won’t get anything out of your claim for compensation. But, if you choose to settle, you have full power to negotiate and can’t miss out.

When you are considering settlement or court, you should always view the strength of your injury case and speak in-depth with your attorney about these matters. If you actually have rise to a claim and viable grounds to receive compensation for your injuries, it might be a good idea to move forward with settlement and see what you are able to negotiate with the other party. You will receive a quicker, more streamlined process, which could work for you in the long run.

At Katz Kantor Stonestreet & Buckner, we want you to feel most comfortable about your decisions moving forward, as you only have one chance to receive the perfect settlement number that will sustain you during this difficult time. We understand how difficult it can be to face the reality of a personal injury claim and offer our extensive help and a team of experts to you who will be able to help you achieve compensation you deserve. Contact us for more information at 304-431-4050.

Note: Secondary sources were used to create this piece and, because of this, the information included has not been independently verified. If you notice a factual issue with our posting, please bring it to our attention and we will correct or remove it as soon as possible.

Disclaimer: Our intent in these posts it to bring attention to the dangers members in our community face and to encourage caution. Accidents do happen and we hope these posts help those affected. However, this information should not be misconstrued as legal or medical advice, and we urge you to contact a trained legal professional for more information regarding your specific situation.

Katz, Kantor, Stonestreet & Buckner, PLLC is located in Princeton and Charleston, WV and serves clients in and around such cities as well as southern West Virginia including but not limited to the counties of Mercer, McDowell, Raleigh, Summers, Monroe, Kanawha and Wyoming.

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