Our San Diego Car Accident Lawyer Discusses Settlement Before Trials
This entry was posted on Wednesday, November 11th, 2015
Posted in News & Articles | Posted by: George Heppner - San Diego Personal Injury Attorney
San Diego car accident lawyer George Charles Heppner is often able to settle his clients’ cases before they have to go to trial. Most civil claims are settled before trial, which involves your agreement to give up your lawsuit in exchange for compensation for your injuries and losses. It is possible in some cases to settle claims without needing to file a lawsuit. In others, the process will be longer and require that you do file a lawsuit and then negotiate to reach a fair amount for your claim. Our San Diego personal injury lawyers may be better able to determine how much money you should receive, so it is important that you talk to one before agreeing to accept a settlement offer from an insurance company. When meeting with San Diego personal injury lawyers, you should discuss several different things about your case.
How Strong Your Case Is
When you meet with San Diego personal injury lawyers, you should expect them to speak with you about how strong they believe your case really is. This should be a fair assessment of such things as how likely you would be to prevail in front of a jury based on your case’s facts. Your lawyer will likely explain the types of jury awards and settlements in cases that were similar to yours, issues with trying your case and the weaknesses and strengths of both your case as well as that of the defendant.
Value of Your Claim
One mistake many people make is quickly accepting the first settlement extended to them following their personal injury accident. It is important for you to instead get an appropriate value of your claim. An attorney should be able to review your case and then provide you with an idea of what you might expect monetarily, both in settlement and if you go to trial instead. They will then ask you to think about the lowest amount for which you would be willing to settle. Other factors will include what the defendant’s coverage limits are and whether or not they have other monetary resources available for your claim.
There are several important things about which you should think. You should consider what amount or percentage of any settlement will need to be paid to your lawyer. You should also consider how your award will affect the amount you have to pay on your state and federal income tax returns. Beyond that, you need to think about concessions you are willing to make in order to settle your case. You might also want to think about whether to agree on some of the issues early on so you can concentrate on those that are more important to you.
Concerns about Going to Trial
There are several reasons why taking a case through trial is not always a good idea. With trial, there is always a possibility that you will lose, meaning that you will recover nothing at all. Another problem is that litigation expenses increase dramatically with trial, due to the time spent preparing, the need to pay for experts and the cost of exhibits. One issue that people often don’t think about is that a civil trial is public. This means that you may have to deal with media scrutiny. Often, at trial, personal matters are explored, which could include such things as your business dealings, your personal finances, your medical records and other sensitive information. Many people do not enjoy having this type of information so publicly displayed. These reasons are why many people determine that settling their case is a better option for them. Ultimately, whether or not you decide to take your case to trial will be a decision you make with the advice of your attorney. If you can reach a settlement that fairly compensates you for your losses, a settlement may be a good idea.
Contact a San Diego Car Accident Lawyer
To speak with a San Diego car accident lawyer about your case, call George Charles Heppner – San Diego Personal Injury Attorney at (888) 503-6473.