In a personal injury case, a settlement occurs when parties agree on an amount to be given for damages. Settlement typically occurs outside of court, either before trial or shortly after its start. A settlement may start when a party makes an offer to the plaintiff, and it’s often done in situations where there’s a clear victor or when parties do not want a long court trial. An offer may be accepted, rejected, or renegotiated, and most personal injury claims end up being settled rather than litigated.
An Explanation of a Settlement Agreement
Personal injury settlement agreements can be formed when parties arrive at favorable terms on various parts of the case. An injury settlement agreement can take shape as negotiations progress and parties decide what they need. It may cover the following issues:
- Economic compensation
- Payment of legal fees
- Provisions on future litigation
- Manner, timing and method of settlement payments
- Penalties for breach of agreement
Once it is finalized, the agreement serves as a legal contract, securing each party’s interest in the settlement amount. The Personal Injury Attorneys in Northampton MA then present the finished agreement to the judge for final approval.
Partial Settlements
In certain cases, parties in a personal injury case might not be able to agree on all of a claim’s terms. For example, they may agree on the level of property damage in a car accident, but they may disagree on the extent of a plaintiff’s injuries. Here, the sides may come to a partial agreement, passing unresolved terms to a judge for a final decision. The availability of a partial settlement depends on the case’s facts and each party’s decisions.
Does a Plaintiff Need an Attorney’s Assistance With a Personal Injury Settlement?
Getting a settlement in a personal injury case involves multiple steps and it can be a complex job. A plaintiff may need to hire Personal Injury Attorneys in Northampton MA if they need help. A lawyer with Daniel and Fontaine LLC can guide the client through the settlement process, and they can inform clients of their legal options while providing courtroom representation. You can also visit them on Twitter for more information.