Settlement: The Road Away From Trial Article

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Settlement: The Road Away From Trial

Author: Manuel Salvacion

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Many legal claims arising from accidents find resolution through settlement even before they reach trial. Both parties negotiate for an informal settlement in which the plaintiff agrees to give up his right to pursue legal action against the culprit in exchange for an agreed sum or to perform a certain action.

If you are planning to agree to a settlement after an accident or an injury, you have to talk to your lawyer first. Your accident attorney will help you evaluate your case and the prospects of the settlement.

Most likely, you and your attorney will discuss matters such as:

• Amount of settlement being offered
• Compare verdicts and settlements in similar cases
• Chances of winning at trial
• Publicity for both parties
• Personal information that will be revealed during trial
• Disclosure of confidential information or trade secrets

Moreover, when the case goes to trial:

• When the case will be called to trial
• Practical difficulties of trial
• Weaknesses of evidence of both parties
• The amount of the other party’s insurance coverage
• The amount of the other party’s resources
• The other party’s legal tactics
• The extent of the other party’s resistance

And other matters related to trial such as:

• The amount or proceeds that will go to legal fees
• How much of settlement proceeds will go to your taxes
• What you are willing to concede to arrive at a settlement
• The minimum amount that you will accept as settlement
• Partial settlement while you discuss more serious issues
• For a plaintiff, accepting a remedy other than money

Other forms to resolve dispute

The use of alternative dispute resolution techniques has increased recently. Court delays and congestion, and the cost of litigation are concerns that lead many people turn to other means of settling their differences:

• Mediation – In mediation, a third party acts to facilitate negotiations between parties. This method is generally short-term, structured, task-oriented, and “hands on”.
• Arbitration – A formal alternative to litigation, it is quicker, less expensive, and more flexible in process wherein a third party renders decision after disputing parties had presented their sides of the story.

Who Can Help

In any way, before agreeing to a settlement on an accident case, you have to consult with your lawyer to decide matters wisely.

In Los Angeles, where settlement is an accepted practice, an accident lawyer who specializes in resolution of accident issues can help you attain a more deserving settlement of your case. His skill and experience can help you evaluate your case and the prospects of settlement. Otherwise, you will have no other option but to go to trial.

About Author

Become more aware about how to resolve settlements through the expert assistance of accident attorneys Los Angeles at http://www.expertlosangelesattorney.com/

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