Getting injured in an unexpected accident can significantly disrupt your life, causing not only physical pain but also emotional distress and uncertainty. If your injury was due to someone else’s negligence, they must be held responsible for their actions.
You deserve compensation to help cover your unexpected expenses and the challenges you are now facing. But how do you go about securing this compensation?
Two primary ways to obtain the compensation you deserve are through a settlement or a verdict. This page will guide you through the essentials of both options, answering the key questions: “What is a settlement?” and “What is a verdict?”
If you have been hurt due to someone else’s carelessness, contact the experienced attorneys at the CEO Lawyer Personal Injury Law Firm as soon as possible. We will assess your injury and its circumstances and advise you on seeking a settlement or proceeding to trial for the best possible outcome.
What Is a Settlement?
In most personal injury cases, claims are resolved through settlements. This process involves both parties presenting their arguments, evidence, witness statements, and other relevant aspects of the case.
A compensation package is negotiated and agreed upon, either a lump sum or a structured settlement. In a structured settlement, the responsible party or insurance company pays the agreed amount in installments over a set period.
Settlements are often the preferred resolution when the facts of the case are clear and undisputed, allowing both parties to recognize fault and assess the damages accurately. This mutual understanding typically leads to a quicker resolution.
However, in some cases, extensive negotiations are necessary before reaching an agreement. If both sides struggle to agree, an impartial third party, a mediator, may be brought in to help facilitate a fair settlement. Despite mediation, if an agreement remains elusive, the case may proceed to court for a verdict.
What Is the Process for Reaching a Settlement?
Once fault for the accident is established and you receive the necessary treatment for your injuries, the next step is to consult with your attorney about your claim and how to proceed.
Your attorney will help you assess the damages you’ve suffered and assign a monetary value to them; this includes medical expenses, lost wages, and other related costs. Your attorney will then send a demand letter to the responsible party’s insurance company, outlining the damages and compensation you seek.
The insurance company will typically respond with a counteroffer, often lower than the amount requested in the demand letter. This initiates the negotiation process between your attorney and the insurance company.
Through negotiations, both sides usually work towards an agreement, eventually reaching a settlement that compensates you for your injuries and losses.
Contact the CEO Lawyer Personal Injury Law Firm today for personalized guidance and to ensure you receive fair compensation. Our experienced attorneys will advocate for your best interests throughout the settlement process.
What Is a Verdict?
When a settlement cannot be reached, the personal injury case goes to trial. Here, both parties present their cases to a jury.
After hearing the arguments and examining the evidence, the jury decides whether the plaintiff should win the case. They also determine the amount of compensation based on factors such as medical expenses, lost wages, rehabilitation costs, pain and suffering, and other related damages. This decision is called verdict.
Unlike criminal cases, where guilt must be proven beyond a reasonable doubt, civil cases like personal injury claims rely on the preponderance of evidence. This means the jury must believe it is more likely than not that the defendant is responsible for the injury.
If the jury finds in favor of the plaintiff, it will decide on a fair compensation amount for the plaintiff’s recovery.
If you have been injured due to someone else’s negligence, contact the CEO Lawyer Personal Injury Law Firm immediately. Our South Carolina personal injury attorneys will review your situation and help determine whether pursuing a settlement or taking your case to trial is the best course of action for your circumstances.
What Is the Process for Reaching a Verdict?
Civil trials involve several key steps, including pre-trial discovery and jury selection. The standard of proof in civil cases differs from that in criminal cases. In criminal trials, the prosecution must prove guilt beyond a reasonable doubt.
However, in civil trials, the plaintiff only needs to establish liability by a preponderance of the evidence, meaning it is more likely than not that the defendant is responsible.
Once the trial begins, the process typically unfolds as follows:
- Opening Statements: Both parties present their initial statements to outline their cases.
- Plaintiff’s Presentation: The injured party’s legal team presents evidence and calls witnesses to support their claim.
- Witness Testimony: Witnesses provide their accounts, followed by direct and cross-examinations by both legal teams.
- Defense Motion: After the plaintiff’s case, the defense may request the judge to dismiss the case or deliver a direct verdict if they believe the evidence is insufficient to meet the preponderance of evidence standard.
If the judge denies the defense’s request, the defense will then present their case:
- Defense Presentation: The defense introduces evidence and witnesses to refute the plaintiff’s claims.
- Closing Arguments: Both parties summarize their cases and make their final appeals to the jury.
Finally, the jury deliberates and reaches a verdict, determining whether the plaintiff has proven their case by a preponderance of evidence and deciding the appropriate compensation if liability is established.
Can I Appeal My Case if I’m unsatisfied with the Outcome?
You cannot appeal the case if you have accepted a settlement for your personal injury claim. A settlement is a binding contract that indicates both parties have agreed to the compensation and have resolved the matter, leaving no room to reopen the claim.
However, if your case went to trial and resulted in a court judgment or verdict that has been officially recorded, you have the right to appeal. Since you did not sign a settlement, the appeal process remains an option.
Appealing a case can be lengthy, often taking months or even years. It’s important to note that an appeal is not a retrial.
Instead of reexamining the facts, an appeal focuses on whether legal errors during the trial affected the outcome. The appellate court reviews these potential mistakes to determine if they impacted the trial’s fairness and results.
An experienced personal injury attorney is essential if you’re considering an appeal. They can guide you through the complex appellate process and help ensure the best possible outcome for your case.
Contact the CEO Lawyer Personal Injury Law Firm for expert assistance with your appeal. Our skilled attorneys will work diligently to address legal errors and advocate for your rights.
How Do I Decide Whether to Accept a Settlement or Pursue a Verdict?
Deciding whether to accept a settlement or pursue a verdict in court is essential; your lawyer is your best resource for guidance. They have the legal knowledge and understanding of your case to provide informed advice.
Your lawyer will recommend the most favorable action based on the evidence and other pertinent details. Ultimately, the decision is yours; if your lawyer believes the settlement offer sufficiently covers all your damages, they will likely advise you to accept it. However, if the insurance company is unwilling to negotiate fairly, your lawyer may suggest taking the case to court for a verdict.
Trust the experienced attorneys at the CEO Lawyer Personal Injury Law Firm to guide you through this process. They can provide personalized advice and ensure you make the best decision for your situation.
When a Lawyer Can Help With Settlements and Verdicts
An experienced personal injury lawyer can significantly enhance your chances of securing a fair settlement or achieving a favorable verdict.
Here are several ways a lawyer can assist:
- Negotiation Skills: Experienced attorneys are adept at advocating for your rights and negotiating effectively with insurance companies to counter any tactics to reduce your settlement.
- Legal Expertise: A lawyer thoroughly understands personal injury law and can evaluate your claim’s worth accurately.
- Insurance Company Insight: Lawyers who specialize in personal injury cases are familiar with the strategies used by insurance companies. They can navigate through tactics like delays, unwarranted denials, unnecessary expenses, and lowball offers.
- Trial and Litigation Experience: Lawyers with courtroom experience can strengthen your negotiation position by showing a readiness to take the case to trial if necessary, ensuring that you are taken seriously during settlement discussions.
Contact Our Personal Injury Lawyers in South Carolina!
Understanding the differences between settlements and verdicts is essential in personal injury cases. Settlements offer control and efficiency, allowing for quicker resolutions, while verdicts can potentially provide higher compensation but come with uncertainty and increased costs.
We have extensive experience in personal injury law, litigation, and countering insurance companies’ tactics. Sometimes, going to trial is necessary when insurance companies fail to negotiate in good faith.
Contact the CEO Lawyer Personal Injury Law Firm at (864) 664-3865 to discuss your case, review your lawyer’s progress, evaluate the tactics used by adjusters, and explore your options for negotiation or trial. Our expertise ensures you have the best chance of receiving a fair and just result.
