PERSONAL INJURY SETTLEMENT

It must be remembered that litigation is a process for resolving disputes and the function of courts is to decide legal rights according to law. It is well known that the over 90% of litigated matters settle before the trial. It is important to actively seek opportunities to reach a personal injury settlement at every stage. This does not mean that settlement is to be reached at any cost.

Part of the role of the lawyer is to advise the client on the proposed terms of any offers made by the defendant, compared to the outcome which might be achieved in court. Acceptance is a matter for the client to decide but this decision should be made with knowledge of all relevant information and possibilities.

Advice about appropriate options to resolve a dispute can only be given after thorough preparation. After receiving instructions, all the relevant information needs to be assembled, whether supporting the claim or not. Only when all the information has been obtained can the facts be analysed and advice given.

When advising about the resolution of disputes, litigation is not the only option. There is a range of processes available. Whatever the process chosen, thorough preparation is the key to achieving a successful outcome. Whether the dispute is negotiated, litigated or mediated, the preparation required is similar.

Mediation

Mediation is a structured negotiation process in which a mediator, who is independent of the parties and neutral, assists the parties to reach an agreement

Negotiation

Negotiation may be described as informal discussion by the parties to reach agreement which may take place before or after the commencement of litigation. Over 90% of cases in which litigation is commenced finalise as a result of an acceptable personal injury settlement offer. Many of these are settled by negotiations between the parties either in a formal setting such as a pre-trial conference or informally by telephone or in face to face negotiations.

Conciliation

A conciliator attempts to negotiate between the parties but does not bring the parties together.

Arbitration

Arbitration is similar to a trial where an arbitrator hears the evidence of the parties and makes an award.

Whatever method is used to resolve your case, it must be remembered that once a personal injury settlement has been finalised the terms become binding between the parties. That is, at the conclusion of your case, you cannot go back for more money, even if your symptoms worsen.

Here are 3 good reasons to choose our lawyers:

1. Our lawyers will provide you with legal advice on your rights and entitlements to compensation with no further obligation.
2. Our solicitors are specialist accredited expert members of the Law Society personal injury panel with extensive experience in negotiating, settling and litigating accident compensation claims.
3. If you decide to instruct any of our specialists to obtain compensation for you, they will act on a “no win no fee” basis. Compensation is paid in full and win or lose there is no charge.¹